Rights for Fathers Seeking Full Custody

In general, a father has the same right to full custody of a child as the child’s mother. Men technically don’t face greater challenges when trying to achieve full custody. However, the man has historically been the “breadwinner” in American families. If a man has a highly demanding work schedule and the child is not yet school-aged, a family court may worry that the father will not have enough time to manage full custody of the child.

That being said, both parents have equally limited chances of getting full custody if they’re both working full time. It’s important to note that courts do not prefer to give custody to the mother; instead, they prefer for both parents to share custody.

Situations in Which a Father Can Expect Full Custody

A father is likely to be granted full custody of a child if he clearly is the only parent capable of financially supporting the child. Depending on the situation, if a father is seeking full custody and the child’s mother has no income or has a very low income, the father may be given full custody while the mother will only receive visitation rights.

A father seeking full custody will also likely be successful if his co-parent has a criminal record or has shown herself to be negligent of the child in the past.

A Father’s Obligations and Options

Either parent has the right to file for full custody in a child custody battle. Additionally, both parents have a right to petition the court for custody assistance if the parent feels that the proceedings are not in the child’s best interest.

However, a father will need to establish paternity to exercise this right. This is especially necessary in situations in which the two parents were not married when the child was born.

If you're looking for a men's divorce attorney to help you with your case or if you have any questions, contact Gerkin & Decker today! 

Things to Consider Before Moving Out in a Divorce

Quarrels and misunderstandings may lead to divorce. The action may bring negative and positive consequences for both the divorcees. Also, unfaithful and cheating behaviors may result in the collapse of marriage. Leaving each other after a divorce is...

Who Gets the House in a Divorce?

When couples divorce, they have a lot of questions. It doesn't help that many of those questions don't have easy answers. The home is typically the most valuable object that two people can share together, so the stakes are high. Plus,...

Top 3 Mistakes Men Make in Divorce

No one goes into a marriage expecting divorce; divorce, however, is a process that tests people and their limits, and it’s difficult to navigate with a calm head. If you find yourself going down this road, do yourself two favors:...

Can a Signed Settlement Agreement Not Be Enforced?

A signed settlement agreement is a powerful document requiring the demonstration of an extreme condition to render it null and void. If a party wishes to back out of the settlement, then they must prove the existence of fraud, duress, coercion, or...

How to Request a Change to Your Custody Agreement

If your current custody agreement isn't working for you, you may be wondering about making changes to the custody agreement. However, unless you and your ex-spouse agree to the changes and both agree to modify the agreement, you will need to go...

What Should Men Do to Prepare for Divorce?

While no one enters a marriage thinking that it’ll end, the sad fact is that many marriages will not succeed, and many men will experience the pain and stress of a divorce at some point in their lives. While the emotional impact can be...

How Does a Prenuptial Agreement Affect a Divorce?

Over the years, there has been a fair amount of negativity associated with prenuptial agreements. When family members learn that their loved one has been asked to sign an agreement before marriage, they often see that as a red flag and quickly...

3 Tips for a More Amicable Divorce

Divorce is often contentious, but it doesn’t always have to be. At Gerkin & Decker, PC., We specialize in working with men during the divorce process, and we have extensive experience handling all aspects of divorce, including alimony,...

What Rights Do Non-Custodial Parents Have?

Divorce is always difficult. When a divorce involves children, it hurts not only the children, but it has a significant emotional impact on the parents as well. When children are involved, courts make custody decisions based upon a variety of...

How Can I Appeal a Custody Decision?

Child custody cases are tough on families. There’s so much at stake, and when one party doesn’t agree with the decision of the court, they often wonder if they have any options. Michigan law allows chief circuit court judges to...
Page: 12 - All
Before you take action, speak with an experienced divorce attorney
Request a Confidential Consultation
* Indicates required questions
Name *
First
Last
Email *
Phone # *
Briefly Describe Your Situation *
Preferred Method of Communication
Telephone Email
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.