Whenever the court makes a decision in a child custody case—or any case involving children—they act in the best interests of the child. Not all sides will agree with the decision, but whenever you approach such a case, remember that the court thinks in this way. This may help you strategize in building your case, although assistance from an attorney is key in presenting your argument. It is also important to remember to avoid the mudslinging that is unfortunately common in divorce cases, unless, of course, it is necessary to prevent an ill-suited parent from obtaining custody.
Many fathers have long proven that they are capable, loving parents with their children’s best interests at heart. But a lot of dads worry that the judge won’t care about their fatherly efforts when deciding the winner of a custody battle. Some worry that the belief that children need their mother more than they need their father, or that mothers bond more with the child, will haunt them in their case. Unfortunately, this may hold true for some dads, although most are given visitation rights that allow them to see the child on weekends, a day during the week, and on holidays or during summer vacation.
But today more judges are favoring joint custody agreements as long as both parents are considered fit and capable of providing for the child. More see the benefit to having both parents in the child’s life, allowing dads to spend more time with their children aside from the weekends and holidays they were often granted in the past. This may also be a good way to avoid the child support argument, as long as both parents are equally capable of providing and spend an equal amount of time with the child.
If one parent is unfit, whether the mother or the father, the other side must present evidence like police records, hospital records, etc. demonstrating as much. Witness testimony may be presented in some cases. If such a case exists in which the mother is deemed unfit, the father will likely be granted sole custody as long as the evidence is legitimate and fair.