Fathers and Sole Custody

Marriage and parenthood is different today than it was in the past. As women continue to become more involved in the workplace and have more career opportunities, fewer women are choosing to stay home full time with their children. Additionally, divorce is different today than it was in the past, and while mothers used to almost always get custody of their children in child custody battles, it is becoming increasingly common for fathers to be awarded joint custody, or even sole custody, of their children after a divorce.

In modern day child custody disputes, courts rarely take a parent’s gender into consideration when awarding custody, and instead, make decisions based on what would be in the best interests of a child. If a mother is considered unfit to care for her children, custody of the children is often awarded to the father. For example, if a mother has a mental disability that makes it difficult to care for children, or if a mother has certain criminal offenses on her record, a child’s father will often be given custody.

However, fathers can still receive sole custody of their children even if the children’s mother is capable of raising the children as well. For instance, fathers who have provided more for their children or who have acted as primary caretakers may be awarded custody.

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Unfortunately, some prejudices still exist, and in some instances it may be harder for a father to be awarded sole custody, but an experienced child custody lawyer can help. Contact the skilled San Diego child custody attorneys of Fischer & Van Thiel, LLP, at 760-722-7646 to learn more.