Can a Father File for Custody?
Child Custody Lawyers Rockville, MD
Disagreements over who should have custody of a child, unfortunately, can be commonplace. In most cases, mother’s often retain custody of the children following a seperation. This leaves many fathers to wonder if they have the same shot at obtaining custody of their child as a mother may. Child custody situations can not only be contentious but stressful. A lawyer may be able to help should you be facing this type of situation. For a father, a number of questions may arise when pursuing custody of their children.
As a father, am I at a disadvantage if I pursue sole custody?
The courts should never give preference or bias over one parent solely based on whether they are a mother or father. When a case is presented, it will be the responsibility for each parent to present their case, an attorney can be helpful in assisting in this process. The court will always look to make decisions that are in the best interest of the child. In most situations, it is considered ideal for parents to share joint custody of a child. This is primarily because it is almost always to the benefit of the child for them to be able to have a relationship with both of their parents.
What are common reasons fathers pursue sole custody?
In some situations, sole custody may be warranted, especially if placing the child in the care of another would put them in danger. Custody situations are often highly emotional, and in many cases heated. This is especially the case for a parent who is pursuing sole custody of their child. In order to be successful in this objective, you and your attorney will need to be able to prove that placing the child with you is in their best interest. Here are common reasons for pursuing full custody:
- The child is at risk for physical harm. In cases where physical or sexual abuse is present, your child may be considered at immediate risk.
- The parent has drug or alcohol problems that impact the care of the children.
- A parent has significant mental health issues that put the children at risk.
- A parent is neglectful of the children and unable to provide them with basic needs such as: adequate food, water or shelter.
What types of custody options are available?
In cases where sole custody may not be appropriate there are a number of custody options to choose from. In some cases, parents may even be able to come up with an agreement that works for everyone. Here are some common types of custody agreements parents may come to:
Physical Custody: is when the child primarily lives with one parent. In most cases, the other parent will have the right to visitation with the child.
Legal Custody: is when one parent makes key decisions over a child’s care. This can include things like medical care and educational decisions.
Joint Custody: in most cases, joint custody is often viewed as in the best interest of a child. These types of custody situations involve both parents sharing in the the care of the child. While the child may primarily live with one parent, the non custodial parent still has the right to make decisions involving the child. In some cases, parents may share both legal and physical custody, especially when a child equally shares time with the parents. For joint custody to be successful, both parents will be required to work together for the good of the child.
In cases rife with conflict, negotiating custody amicably may no longer be an option. An attorney may provide you with the legal assistance you are in need of when faced with a contentious legal situation.
If you are considering your custody options and are unclear of the best way to move forward, experienced child custody lawyers Rockville, MD offers at Daniel J. Wright may be able to offer you the support and legal experience you are in need of. Contact an attorney today for help in answering the questions you may have regarding your case and the guidance you may require when facing a child custody situation.