Some dads give up the idea of seeing much of their kids after divorce. Sadly, a lot of men feel the court tends hold a bias against fathers. However, society is changing, and attitudes about parenting models regarding child custody are changing, as well. When trying to stay actively involved in their kids’ lives, dads are in a much better position than their own fathers were.
It is not all good news, though. Courts are more likely to agree to things like joint custody, giving both parents equal physical and legal custody over children. Getting sole custody is a different story.
What is sole custody?
As the name implies, sole custody is when only one parent is legally responsible for a child. This means that there is generally little to no involvement from that child’s former parent. This is a fairly drastic move, especially for a child who has to go from a two-parent household to only living with and seeing one parent.
Courts expect parents who are seeking full custody to demonstrate why this arrangement is better than joint custody. The court cannot show any bias toward you just because you are a father, but you might face some anyway. If not consciously, some people still hold unconscious biases toward dads.
How do I get sole custody?
You will need to prove at least two different things. First, sole custody has to be in your child’s best interests. Courts always prioritize children’s wellbeing, so you cannot get full custody just because you want to have more time with your own child.
If sole custody is the best thing for your child, you also need to demonstrate that you are the better parent. A judge will look at things like at both you and your ex’s parent-child relationships to get a better sense of what is going on. For example, who took on the majority of caregiving responsibilities? They may also examine whether your child’s mom poses any type of danger.
You are not alone
You love your child, and the idea of not seeing him or her regularly can be devastating. This is especially true if your kid’s mother is not capable of providing the care that he or she needs. Even though this can feel very isolating, you are not alone. Dads all across Kentucky face the same uphill battle.
More than anyone else, you know what type of child custody arrangement will respect your child’s best interests. Do not take on this fight by yourself. You need the right help in your corner when fighting for sole custody. An experienced attorney can stand by your side and assert your rights throughout this entire process, so you should be sure to speak with someone as soon as possible.