Protection of Fathers Child Custody Rights in a Divorce

The court’s ultimate goal is typically to grant child custody to the biological parents However, there are instances where the birth parents could not assume responsibility for the minor child or children. Still, each case is evaluated on an individual basis. The judge will determine the best custody arrangement for each child. When the father’s rights are under evaluation, the courts will look at several determining factors to decide whether or not they are suitable for caring for the child. Some of the factors include the father’s history with the child, the father’s financial status, the father’s mental health, and the father’s emotional state of mind. Father’s rights extend beyond just physical custody and parenting time considerations also. Fathers will be evaluated for their ability to make decisions about their children’s lives and their rights to access information about them.

Types Of Child Custody for Fathers

Both parents occasionally seek custody of their biological children. It is not uncommon for one parent to be awarded sole custody of minor children. When that is the case, one parent has physical and legal custody of the child, while the other parent is awarded parenting time. Physical custody refers to the parent the child physically resides with for most of their life. Legal custody refers to the responsibility of the parent to make decisions about the child’s life. These can be things such as making decisions about where they attend school, which activities they are involved in, and the legal right to sign documents for the child. Each child custody case can have a variety of sole and shared custody concerning the legal and physical rights of the parents.