How would a father get sole custody over the mother?

Answer 1

In some states a petition can be filed by the primary custodian to amend the current custodial order.

The usual procedure is to file a new custody suit/petition in the appropriate state court in the county where the petitioner resides.

Judges are very reluctant to grant sole custody to one parent.

It is generally granted only when the non custodial parent agrees to relinquish their parental rights or a parent is found guilty of abuse and/or neglect and/or endangerment.

Answer 2

Generally you would file a petition for sole custody in the state court in the county where the minor child resides, however, in some US states the suit will need to be filed with the court that issued the original custodial agreement.

Answer 3

Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records.

Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child.

If a mother wants to gain sole legal custody after the father's paternity has been established she would need to convince the court it would be in the child's best interest.

Answer 4

To succeed in a petition for custody the father would need to provide evidence that the mother is unfit. The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:

• physical, emotional and sexual abuse
• excessive discipline
• failure to protect the child from abuse by others
• failure to report abuse of the child
• neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
• failure to provide proper medical care
• failure to provide day to day parental care
• serious illness or disability
• mental illness
• substance abuse or addiction
• Alcoholism
• criminal activity and/or associations
• incarceration
• conduct or conditions that are seriously detrimental to the child
• abandonment
• child endangerment
• leaving the child unattended or in the care and supervision of a child
• a failure to provide adequate supervision
• unsafe living conditions
• a medical condition that makes it impossible for the parent to adequately care for the child

Answer 5

The father should consult with an attorney who specializes in custody issues who can review the situation and explain the father's rights and options. Unmarried mothers have sole custody of their children until the father's paternity has been established. Once established the father can request joint custody and a visitation schedule. If the father wants sole custody, generally he must seek a determination that the mother is unfit. Unfit is a determination that must be made by the state court that has jurisdiction over the case.

Every parent who is at odds with the other parent thinks the other is "unfit" so it's not simply a matter of opinion. If the father truly believes the mother is "unfit" then he should provide evidence to the court and petition for physical custody. Children should not be allowed to remain with an unfit parent. If the father has legitimate concerns that the mother is incapable of caring for the children properly he needs evidence that will convince the court. However, the motive should be honest concern for the children and not avoiding child support or a desire to hurt or control the children's mother.

The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The attorney can help the father to come to terms with the realities of the situation. Perhaps the father should rather petition the court for extended visitations. If the parties are presently in the process of divorce an experienced attorney is essential because the case will need to be carefully prepared and experience in a particular court is extremely valuable. The judge must have convincing evidence that father having custody is in the best interest of the children. The court will consider the father's role in day to day child rearing and child care prior to the divorce action. You need to be able to show that you were the one who provided day to day care for your child including such tasks as the following:

• You fed, bathed and put the child to bed.
• You got the child ready for the day, packed their lunch and got them to school or to the bus.You attended all the school conferences, plays, etc.
• You brought the child to the doctor and dentist visits and stayed home with them when they were sick.
• You brought them to school events, sports, birthday parties, play dates, extra curricular activities.
• You took the child shopping for clothes.
• You helped with homework.

Many men take an active role in raising their children. If the father was the primary caregiver then he should definitely be considered for primary physical custody since caregiving should be one of the the main qualifications for awarding physical custody along with health, safety and stability.

Answer 6

Prove that the other parent is not fit to have custody of them.

Answer 7

Petition court for change of custody and adress if the child is old enough who the child wants to live with or who the child spends more time with