What Fathers Need to Know About Child Custody

Family Attorney Tampa, FL

Child Custody

Traditionally, courts have blindly favored mothers over fathers when it comes to awarding custody. This is no longer the case, and fathers are now considered just as competent as mothers regarding raising children. That said, divorcing dads must know about their rights to get favorable results in court. Here’s some useful information for fathers in dissolving relationships.

Establishing Paternity

Fathers must prove they are biologically related to the child in question to gain custody. In most circumstances, this is easy to determine. Courts assume that minors are the product of the terminating marriage if they were born after the relationship was made legal. In cases where the parents were unmarried when the birth occurred, proof becomes required. One way of showing this is by producing a birth certificate with you as a named parent. You and your soon-to-be-ex can sign a document acknowledging that you are the father. If the mother fails to cooperate with this request, you’ll need to take a DNA test to establish a biological link.

Types of Custody

There are two types of custody a parent can get. The first is physical custody, which concerns where the child lives and which parent becomes responsible for that young one’s everyday care. The second is legal custody. This relates to important decisions such as a juvenile’s education, health care, and religious upbringing.

In most instances, the best scenario involves sharing rights between both parents. When they have joint custody, sharing legal and physical privileges, the son or daughter splits time between two homes. This only happens when a judge is confident that both parties are competent guardians. Sole custody is granted when the court feels only one person has the capability of providing a proper home life. Under these circumstances, the other parent may still be granted partial custody. With primary physical custody, the child spends the majority of time in one residence and lives less often in the other. 

Determinations of Courts

Judges are sworn to make rulings they deem to be in the best interest of everyone. If a judge discovers you have a problem with drugs or alcohol, it is bound to hurt your case. Evidence of child abuse, either real or perceived, often results in an entire loss of contact. The amount of time you’ve spent taking care of your youngster can also affect the outcome.

Divorcing couples must determine what happens with their children. In most instances, it takes a court to hash out an agreement. Hire a family attorney in Tampa, FL from a firm like the McKinney Law Group to fight for your right to see your little ones as much as possible.