Can Dads Get Custody in Divorce?

Fathers tend to feel they are at a colossal disadvantage when it comes to custody issues in divorce.  They often imagine that no judge in the world would ever consider limiting a mother’s access to her children, whereas restricting a father’s relationship with his kids is a much easier pill to swallow. But there’s good news for modern dads on that front because, while that attitude may have been the norm in the past, courts today recognize the critical role fathers play in children’s emotional development and general welfare.

Florida Law 

In Florida neither parent is favored when custody is addressed because the law presumes that both parents are critical to a child’s development, and equally shared parenting time is the preferred arrangement in custody cases. If parents can’t agree on custody arrangements, the court is forced to make a decision based on the best interests of the child.

Custody Options 

Sometimes shared custody may not be a good idea. Whether there’s a problem related to a parent’s work schedule and their capacity to provide the care needed,  or other issues that could put a child at risk, there are definitely situations where the court must limit one or both parents’ access to the child.  Issues that are certain to impact a parent’s contact with their child include:

1. Past instances of domestic violence;
2. Serious mental health problems;
3. Issues with substance abuse.

Can a Father Get Sole Custody? 

In a word, yes! Judges in family court must consider what is best for the child. If the father fits the bill, it is absolutely possible—and highly likely—he will receive sole custody.  Issues under consideration include:

1. Precious legal or psychological issues of each parent;
2. The wishes of each parent;
3. The need for a child to have a healthy relationship with each parent, and each parent’s willingness to accommodate that necessity;
4. The physical capacity of each party;
5. Any plans of either parent to relocate;
6. Proximity of each parent to the child’s school, and the ability of the child to adjust to any changes;
7. The willingness of each party to encourage and support a relationship with the other parent;
8. The child’s relationship with other siblings or family members;
9. Prior issues of abuse or abandonment;
10. The child’s preference, when appropriate.

Child Custody Trial 

A custody battle can be complicated and emotionally draining.  If that’s where you’re headed, it’s best to be well-prepared for battle. You may have to prove claims of negative behavior of your spouse, disprove allegations against you, or challenge reports that are not in your favor. That means having documentation and/or witnesses supporting your bid for custody, including:

1. Documentation of communications between parents;
2. Examples of the time spent with your child;
3. Character references;
4. Your willingness to handle adult issues outside the child’s purview;
5. Criminal and/or medical record pertinent to the case;
6. Pictures or videos displaying your relationship with your child.

Aggressive Representation 

Divorces with bitter custody battles can be tough. That’s why you need a tough legal team fighting on your behalf.  You can count on the experienced Boca Raton child custody attorneys at WiseLieberman to use every legal means available to us to achieve the best possible outcomes for you.  To discuss, schedule a confidential consultation in our Boca Raton office today.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html