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How to Get Sole Custody As a Dad

 Posted on September 30,2024 in Child Custody and Visitation

 Dad's Divorce LawSole custody arrangements are rare. Courts nearly always want children to maintain a relationship with both of their parents, even when that means ordering supervised visitation for a parent who may not be safe for the children to be alone with. Sole custody arrangements where the father is the custodial parent are even less common than situations where only the mother has custody.

However, it is possible for a father to gain sole custody under certain circumstances and with help from the right divorce and child custody lawyer. If you are hoping for sole custody, you will need to prove that having a continued relationship with your co-parent would not be in your child’s best interests.

Evidence is Everything When a Father Needs Exclusive Custody

Gathering evidence to show why your children would not benefit from a continued relationship with their mother is essential. No matter how reliable or trustworthy you have proven yourself to be, the court will very likely want to see strong evidence showing that the mother has been abusive towards the children or is otherwise unsafe for them to be around, even with supervision.

Some of the types of evidence that your lawyer might help you gather include: 

  • Text messages or emails - If your spouse has admitted to abusing or neglecting the children in a text message or other written communication, this type of evidence can be very helpful.

  • Videos showing abuse or dangerous behavior - If you have security cameras at home, save any footage that may back up your claims. The footage does not need to directly depict your spouse abusing the children. For example, doorbell camera footage showing your child run out of the house crying and with a visible red mark would suggest that there was violence in the home. If you are present during an act of abuse, promptly help your child instead of trying to record, as you could then appear complicit.

  • Statements from neutral parties - People like your neighbors or your children’s teachers may be able to corroborate your reports of your spouse’s dangerous behavior around the children.

Harmful Parenting Does Not Only Mean Intentional Abuse 

Your spouse might be deemed an unsafe or unsuitable parent if she: 

  • Abuses drugs or alcohol while caring for the children.

  • Fails to pick up the children from school, daycare, or extracurricular activities when she is supposed to.

  • Leaves young children home alone, thereby endangering them.

  • Subjects the children to adult situations in a way that causes emotional harm.

Contact an Experienced Nearby Child Custody Lawyer for Men 

Many children are best protected when their fathers have sole custody. If your child is not safe with your co-parent, you may consider pursuing exclusive custody. Working with an aggressive family law attorney who is experienced in representing fathers will give you the strongest chance of winning sole custody.

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