QUESTION

How hard is it for a father to get full custody and why?

Asked on May 25th, 2015 on Child Custody - Maryland
More details to this question:
I am a father of two, and my wife and I are in the process of getting a divorce. I want full custody of our children, but I know that the mother usually wins custody battles. How hard will it be for me to get full custody? My wife has serious problems just taking care of herself, and she is unemployed. I worry about the kids when they are with her, and I do not think that spending time a large amount of time alone with her will be good for them.
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7 ANSWERS

It sounds like you are talking less about 'custody,' and really about 'placement.' It is not true that the mother usually prevails in custody disputes. That may have been true 40 or 50 years ago, but it is not true in my experience of 32 years as a lawyer in Wisconsin The court is supposed to seek the best interests of the children unless the parents grow up and reach rational agreements. (Which a majority of them do.) Some courts have Family Court Services (in larger counties) to mediate or otherwise do a study for the court. Others may appoint an outside social worker or psychologist. Often the court appoints a 'guardian ad litem,' a lawyer who is supposed to represent the best interests of the children. If you expect a serious dispute about placement or custody, retain an experienced family law attorney very soon. He or she can help you make the best case for what you think is best for the kids. Good Luck.
Answered on May 26th, 2015 at 4:26 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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First, there is no custody as such in WA. There is a parenting plan in which time with the children and decision making authority is allocated. If the mother has issues, as you claim, you need to present these to the court in an initial motion for temporary orders and ask for a guardian ad litem. If her problems are so serious that spending a lot of time with the children is not in her best interest, then the court can decide that and set conditions for her time with them. It would be advisable for you to get a lawyer as this seems like a complex case. Also, there is no difference in how the court sees a mother or a father. What the court has to look at is a long list of factors, including who did most of the care taking of the children prior to the separation. That's why mothers often get more time, because they have been the primary care providers during the marriage.
Answered on May 26th, 2015 at 1:51 PM

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Child Custody Attorney serving Raleigh, NC at Palmé Law Firm, P.A.
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1. Both parents have equal claim to custodial rights. 2. Women don't usually win custody, it is the parent who has spent more time with the children in his or her custody that tends to prevail in custody actions. Courts dislike creating any more disruption than is necessary and so if one parent has been exercising primary custody for the 6 or 12 months prior to going to Court, then that parent has the advantage. 3. If a parent has significant mental health or substance abuse problems, those are definitely things that need to be presented at Court. They are arguments against allowing her to have greater custodial time.
Answered on May 26th, 2015 at 12:14 PM

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Personal Injury Law Attorney serving San Diego, CA at Law Office of Robert Burns
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I decline to give you an exhaustive, narrative, academic discussion. You should discuss this with the Family Law Facilitator at your Courthouse for free or hire an attorney. Of paramount concern is not what either parent wants but, instead, meeting the best interests of the children.
Answered on May 25th, 2015 at 11:35 PM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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You simply need to prove that it is best for your children to be in your primary custody and why.
Answered on May 25th, 2015 at 11:31 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It is a fight, and allegedly there is no favoritism. She an attorney, you need one.
Answered on May 25th, 2015 at 11:31 PM

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I have helped many fathers get custody of their children. Its more common than you think. The issue of custody if based on the best interests of the children, and the more fit parent always wins- male or female.
Answered on May 25th, 2015 at 7:59 PM

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