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The reality is that generally, mothers are favored for primary physical custody. The reason is the other reality that mothers provide more nurturing care and are generally the primary caregivers for young children. That doesn't mean that fathers don't get custody because many do. If the parties are presently in the process of divorce an experienced attorney is essential because the case will need to be carefully prepared and experience in the particular court where the hearing will be held is extremely valuable.

The judge must have convincing evidence that father having custody is in the best interest of the children. The court will consider the father's role in child rearing prior to the divorce action. Who provided the most day-to-day care? Who accompanied the children to doctor's and dentist's visits? Who went to teacher conferences, school plays and sports events? Who assisted the children to dress for school and prepare their homework? Who will care for the children while the father is at work? If the father has legitimate concerns that the mother is incapable of caring for the children properly he needs evidence that will convince the court. However, the motive should be honest concern for the children and not avoiding child support or a desire to hurt or control the children's mother. The lawyer will review the situation and explain the options.

Many men take an active role in raising their children. If the father was the primary caregiver then he should definitely be considered for custody since caregiving should be one of the the main qualifications for awarding custody along with health, safety and stability.

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