Do fathers have the same parental rights as mothers? Here are 6 powerful tips to win your case

Going through a child custody fight can be a very difficult process. The stress, mental and emotional process of this type of legal battle is nothing compared to depression. Child custody is one of the biggest concerns of any parent and family court. 

Historically, when deciding child custody cases, most family courts have always favoured the mother as the parent who should have primary physical custody of the child.  

A father who is looking forward to reuniting or getting custody of his child must first understand the types of child custody available – These are “full custody and “joint custody”. 

Full custody is often referred to as sole custody where only one parent is granted custody of the child while joint custody is where the two parents (father and mother) are both granted custody. The parents in this case will take turns in keeping the child

If both parents are willing to make it work, joint custody is often the ideal situation for children. Most family courts prefer to award joint custody to parents. However, a father desiring full custody of his child should be prepared to present evidence of the existence of a special circumstance that warrants a complete shift from the norm of awarding full custody to the mother.  

Even though the courts do not discriminate against fathers, very few fathers have full custody of their children. While the process can be challenging, it is not an impossibility.  

You just have to get an efficient lawyer and brace up for the challenging legal proceedings that will ensue as most judges will endeavour to ensure that their decisions are in the best interest of the child. 

Whatever type of child custody you wish for, here are 6 tips to help you win your case as a father

Be prepared

A judge will expect you to be prepared for the custody of your child if you are awarded one. Take a breath and reflect. Do you really want your kids full-time? This is an honest question that could help you determine the reason behind your custody pursuit. You could be seeking custody for the wrong reason.  

If you’re seeking full custody of your child solely because you’re upset with your partner and will want to deprive her of the kids (knowing that the kids are the only thing she cares about in the world), will only lead to disaster for you and your kids.

Saying “I want to get full custody of my kids” just to get back at the mother of your kids is not a good reason.” So, are you prepared? 

Step up your dad game

In addition to making sure you can take care of a child’s basic and practical needs, the court will look for evidence of a meaningful relationship.  

Have you worked towards learning how to be a single parent? You have to be an instrumental part of your child’s life. Family courts do not entertain abstract reasons from fathers in granting custody of a child. 

While you may feel a strong connection with your child, the judge is looking for objective expressions of that as well. Keep track of visitations and parental fees.

Treat Co-Parents Respectfully

Before going to court for a lengthy and expensive custody battle, it will be ideal to have a heart-to-heart talk with the mother of your child.  

Trying to negotiate a parenting agreement or parenting plan with the mother of your child is a good sign that you care about the wellbeing of the child. This could be a strong point for your legal battle. 

Whatever may be the outcome of the conversation, try to treat the mother of your child with respect. Contact a lawyer if the situation heats up. Don’t be hostile or rude to your partner. This may end up hurting you. Judges are most likely to side with parents who are calm and respectful even if the other partner has a challenging attitude. 

Money isn’t everything 

In as much as you are expected to prove your financial ability to take care of the child, do not assume that the outcome of the case is solely dependent on your earning. 

Get a good lawyer 

Court processes for determining custody may vary in each circumstance. So you will need to hire a credible lawyer that you can trust to understand the legal system and advocate for your best interest. One of the core expertise of Greengold Attorneys is resolving family relationships. 

Be a father 

In addition to establishing financial stability, fathers will also want to establish their good parenting skills through the eyes of others. Fathers could ask their friends, family members, and coworkers to serve as witnesses in their favour testifying on their personality and what a great parent they are. Having witness statement on oath from colleagues may be an added benefit to the case.  

Lastly, as a father, you need to understand your child and know when to respect your child’s wish. Irrespective of what you think as best for your kids, their opinions also matter. And having a smooth relationship with your child doesn’t necessarily mean having custody of the child but being a father.  

If you believe that the upbringing and mental health of your child may be affected while in the custody of his/her mum, be a father and fight for your child. Contact Greengold Attorneys if you need more information on this write-up.