How to Win Child Custody

It is no longer given that the courts will automatically award a child’s custody to the mother in a divorce. In fact, child custody for fathers is increasingly common as the legal system is recognizing and considering the rights of both parents in the dispute.

With the number of marriages ending in divorce rising, so is the number of fathers winning sole custody of their children. There currently are more than 2.5 million single fathers in Canada. The number winning custody has increased by about 15 percent since 1995, a significant difference that shows the willingness of family courts to put parental rights and child welfare at the forefront rather than simply defaulting to the mother.

Steps to Winning Child Custody

So how does a father successfully win custody of the children? Whether you are going through the divorce process or have decided to take the mother back to court to resolve the issue, there are certain steps you can take that will improve the chances of winning child custody.

Time — Regardless of the custody or visitation agreement you currently have, be sure to document all the time you do spend with your children. Keep a log that shows you are making an attempt to be as active and present in your children’s lives as the agreement will allow. Become a scout leader or coach your child’s soccer team and show up for the games. This will not just give you documentation, but will also provide you with other adult witnesses to your efforts.

Civility — Your relationship with the children’s mother is a concern to the court, so be sure to demonstrate that you can encourage your children to have an active, loving relationship with your former partner. Ask them about events they experienced with their mother, not to dig for dirt, but to show an earnest interest.

Money — Keep track of all the money you spend on your children, including child support payments. If you are like most dad’s, the support payments are only the beginning. You may buy them clothes, tickets for sporting events, dinners, a gift they can give for their mother’s birthday, and the like. Keep receipts and log them whenever possible.

Support — Get witnesses willing to testify to your efforts, particularly if they can testify to any areas where you seem to be outperforming the mother. Say you regularly help with homework whereas the mother does not. A teacher may be able to help document this.

Behavior — Keep a log of any negative behavior on the part of the mother that may endanger the child. Examples of these would be allowing him to skip school, dating someone with a drug or other hazardous habit, or driving with the child in the car while intoxicated. You will also want to keep copious notes on incidences where the mother interfered with your visitation rights or otherwise is not supporting your relationship with the child.

Fathers often face a number of false accusations or other custody issues that are unfair and unwarranted. As unfair as it may seem, it will be your job to prove your innocence or show extenuating circumstances.

Do Your Homework

Regardless of the issues involved, you will need to do you homework so you can present a well documented, forceful argument when you make your appearance before the judge. They will not simply take your word for things.

If you have legal representation, do not simply depend on your Family Lawyer to handle things. The attorney cannot be available for all visitations or know about each effort you have made to connect with your children.

Also, talk to other fathers who have been through the process of gaining child custody for fathers. They can be a terrific source of helpful hints and useful advice that can make your efforts more likely to be successful.

At Fine & Associates, our divorce lawyers will work towards resolving your separation as smoothly as possible. Get in touch with one of our family lawyers today.