Custody Rights of a Father during a Divorce


Traditionally, child custody rights were always thought to have belonged to the mother. However, there is a growing trend in many states that are forcing lawmakers to reconsider the mother’s right as the sole custodial parent. This is partly due to studies that have shown the importance of a father for the emotional and psychological development of the child.

Fathers need tounderstand that most states enforce fairness when it comes to custody rights. In this blog, we’ll go over the custody rights of a father during divorce.

The Primary Caregiver

The first step to understanding your rights is to know how a primary caregiver is selected. It is a term used to refer to the parent that can best cater to the child’s needs and is willing to accept that responsibility. This includes acts like feeding, playing, bathing, making doctor appointments, putting to bed, and arranging for other needs.

In most cases, these tasks are almost equally shared between both parents. As more women are now working full-time jobs as compared to the past and the presence of stay-at-home dads is increasing, more men are winning the role of the primary caregiver.

The Parent-Child Bond

Another factor that goes into determining custody rights—and one which is responsible for strengthening the case of the mother—is the parent-child bond. Toddlers and younger children are more attached to the mother due to feeding and the amount of time spent with her as opposed to fathers who are usually busy with work.

Custody or Visitation Rights during a Divorce

Divorce proceedings can go on for some time. During this period, most states permit equal legal rights when it comes to visiting or living with the child. It is important that you prove yourself as a responsible parent by straightening out your finances and avoiding irresponsible behavior like excessive drinking or gambling which can end up weakening your case.

Should you be denied your visitation rights, make sure to document everything so that the other party can be held accountable. Also, always hire an attorney that will help strengthen your case and increase your chances of winning custody rights.

Ron Marquez Law Corp have some of the most experienced divorce lawyers in Chico, CA. They guarantee complete confidentiality and work towards safeguarding your legal rights as a father. Get in touch with us today for more information.


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