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The reality is that generally, mothers are favored for primary physical custody. The reason is the other reality that mothers provide more nurturing care and are generally the primary caregivers for young children. That doesn't mean that fathers don't get custody because many do. 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 the particular court where the hearing will be held 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 child rearing prior to the divorce action. Who provided the most day-to-day care? Who accompanied the children to doctor's and dentist's visits? Who went to teacher conferences, school plays and sports events? Who assisted the children to dress for school and prepare their homework? Who will care for the children while the father is at work? 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 lawyer will review the situation and explain the options.
Many men take an active role in raising their children. If the father was the primary caregiver then he should definitely be considered for custody since caregiving should be one of the the main qualifications for awarding custody along with health, safety and stability.
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How does cohabitation affect custody in Oklahoma?
Most courts consider the best interests and welfare of the child involved when choosing which parent to award custody to. Cohabitation is one of the factors considered with regards to this.
Can a district court decide an international child custody?
Check Link BelowConsidered Factors in deciding to go for a child custody modification?
Examples of case involving family law?
Divorce - Child Support - Alimony and Spousal Support issues - Child Custody - etc)
If an Aunt has phys and legal custody of a niece can she transfer custody to another Aunt without involving the 7 year absent mother?
Yes because the mother had no custody over the child
What are material changes when filing for custody modification?
Check Link BelowConsidered Factors in deciding to go for a child custody modification?
How do you get custody of your child back that you gave up legal custody to because you were underage but now have physical custody of?
If you gave up custody, you would need to file a petition with the court to modify custody. However, you must show that a change in custody would be in the best interest of the child as well as other factors.
What could affect my rights to custody of my child?
Any factors that address the health, safety, and/or best interest of the child.
What is the average penalty for contempt of court for child custody laws in PA?
Contempt of court as regards custody is considered a change of circumstance resulting in a change of custody.
How does joint joint custody affect child support in Washington State?
Child support is determined according to state guidelines and physical custody is one of the factors used to determine the amount.
Which offers more child support shared custody or sole physical custody worksheet?
Joint custody generally provides a more equitable division in support obligations. However child support calculation is complicated and can vary from state to state, involving many factors, not the least of which is each parent's gross income, who is assuming responsibility for other expenses such as insurance, school fees, etc. Consult an attorney in your state of residence for help and information.
Is it illegal to leave children alone if father has full custody?
Yes. Leaving children unsupervised is considered child endangerment regardless of who has "full custody". That could lead to the parent being deemed unfit and they could lose custody. See related question.Yes. Leaving children unsupervised is considered child endangerment regardless of who has "full custody". That could lead to the parent being deemed unfit and they could lose custody. See related question.Yes. Leaving children unsupervised is considered child endangerment regardless of who has "full custody". That could lead to the parent being deemed unfit and they could lose custody. See related question.Yes. Leaving children unsupervised is considered child endangerment regardless of who has "full custody". That could lead to the parent being deemed unfit and they could lose custody. See related question.
How joint custody ecfect child support in tenn?
Child support is a complicated computation and parenting time is only one factor, however generally, and this is very generally, child support awards may be slightly less for parents with joint custody than they would be with sole legal and physical custody. But again, that's not carved in stone. Income, additions/subtractions related to responsibilities and other factors are considered when calculating child support.Contact an attorney or the child support agency in your area for more information.
