Many people in Mississippi and elsewhere still hold a mistaken belief that family court judges automatically grant sole custody to mothers over fathers. Most judges prefer to issue rulings for shared custody, provided there are no reasons to restrict or prohibit one of the parents from seeing his or her children. However, a father may request sole child custody in a divorce proceeding just like a mother can.
To win this type of custody case, a dad must convince the court that his children are better off in his sole care than they would be if they spent some or all their time in their other parent’s custody. A father must demonstrate that he is fit to be the primary caretaker of his children. This includes providing for all their temporal needs, including their emotional health and concerning academics, social life, matters of faith and other daily life issues.
The court hesitates to change a child’s primary caretaker in a divorce
Nowadays, it is not uncommon for a man to be a stay-at-home dad. Some dads work remotely from home while their partners have outside employment. In some households, both parents work from home. Either way, if a dad who is seeking sole custody in a divorcehas not held a primary caretaking role in his children’s lives up to that point, he must provide convincing evidence as to why the judge should order what would likely be considered a major change for the kids.
Dads must show legitimate cause for requesting sole child custody
The court wants to ensure that children will have a quality home environment following a divorce. If a dad knows that the other parent’s household would somehow be a detriment to his children, he can bring specific issues to the court’s attention, such as if the other parent has a substance abuse problem or has abused the children in the past. An experienced family law attorney can help a concerned father build a strong child custody case.
