Who should have custody of children after divorce?
This is a very typical question many parents have when going through a divorce. Who will have custody of the children after divorce? According to the Office for National Statistics, just 8% of single parents in Britain are fathers living with their children. This is an astonishing minority and reveals just how often family courts favour giving custody to mothers. Custody rights for fathers still seems surprisingly low considering the change in gender rights going on in other areas of the law.
Evidently this will be upsetting for any father currently facing separation or divorce, as it seems the process will inevitably result in them being separated from their children. This
causes many to fear that contact will be lost altogether.
To avoid this, it is best to try to reach an amicable agreement with your ex-partner, either via your own negotiations or through mediation. This will guarantee that you retain some influence, ensuring you remain a part of your children’s lives. This can then be made into a court order, giving you shared or joint custody.
If it is not possible for you to reach an agreement between you, the court will be asked to decide on your behalf. When doing so, a judge will make his or her verdict based upon one primary consideration: what is best for the child. Preference will be shown to whoever is best able to meet the child’s daily needs. This is usually believed to be the mother.
Nevertheless, the court will also deem that it is in the child’s best interests to have a balanced relationship with both parents. So while a mother may be granted custody, a father will be permitted access or contact. This will only be denied if it raises concerns about the child’s safety – for example, because the father has previously been violent.
However, that is not to say that you cannot apply for custody as a father, nor is it to say that your application will be thrown out. Indeed, a court will always contemplate both applications, and if it is thought that giving custody rights for the father is in the child’s best interests, this is the decision that will be made.
Ordinarily, custody will be awarded to a father because there is some uncertainty as to whether or not the mother is fit to care for a child. This might include if she has a history of drug or drink abuse, is a repeat criminal offender, is physically or emotionally unstable, has emotionally or physically abused the child or has abandoned the child.
If you are a father and would like to obtain custody of your child or children, our family law specialist can help you.
For more information about this article or any aspect of our family law services, please contact us on 01772 424999/ enquiries@solicitordirect.com or fill in the form below and we will be delighted to help you (there is no charge for initial telephone discussions).
