How Can a Father Get Full Custody | Child Custody Lawyer

How Can a Father Get Full Custody?

February 14th, 2019

How can a father get full custody? This is a common question we get from clients. Unfortunately, the answer is never easy. There is no clear cut formula that guarantees a father will receive full custody. However, that doesn't mean there aren't steps you can take to better help your chances of succeeding. We've represented many fathers in child custody cases. If you need further assistance, contact a knowledgeable family law attorney at the Law Offices of Rick D. Banks today.

Your Child's Best Interest Should Come First

Who gets full custody depends heavily on the best interests of the child. Above all, their well being is of the utmost importance. When deciding custody, the court operates under the best interest standard, which puts its primary focus solely on the child. You can argue your case all day but if you cannot meet the basic needs of your child, then you cannot be awarded full custody. Typically, the following factors make-up the best interest standard. Your child's:

Safety
Health
Education
General welfare

If the court primarily focuses on your child's best interest, then you should as well. However, what can you do to ensure you meet those needs? Keep reading.

Forget Any Biases You May Think Family Court Holds

If you want to succeed, then you need to forget about any biases you may think exists in family court. This is especially true in California family courts. If this bias were to actually exist, then we wouldn't be able to achieve success for as many fathers as we do. In our experience, the fathers that fail to get custody and claim this basis exists either had poor representation or were ignorant of the case's facts. No judge will look at a custody request and think "I don't think any dad should ever receive custody", and then rule according to that line of thought. If you go into your case thinking the cards are stacked against you, then you will not be able to fully represent your case.

How Can a Father Get Full Custody Through Family Code 3040?

Under Family Code 3040, in Sections 3011 and 3020 is the following phrase:

"...shall not prefer a parent as custodian because of that parent's sex."

The law strictly forbids any bias towards sex when awarding custody. Continuing to hold onto the belief of this bias will only result in you mentally defeating yourself before the trial even starts.

Understand the Differences Between Joint and Full Custody

Joint custody allows equal, or nearly equal, parenting time between both spouses. In comparison, full custody means one parent holds a much larger parenting time (often 65% of more) than the other parent. When going after full custody, the court will want to know why you believe you are better suited as primary caregiver. This means you will need to demonstrate that you can better serve your child's best interest.

Bonding With Your Child Can Increase Your Chances Gaining of Full Custody

If during your marriage you did not spend much time with your children, then you face an uphill battle in receiving full custody. Bonding with your child before separation shows the court your dedication towards raising your child. Again, it comes back to what's in your child's best interest. Spending more time with your child means a higher likelihood that you serve a great importance in their life. Have you not bonded with your child yet? Do not give up hope. There are things you can still do.

Make Your Child Your Main Priority

Fathers that have yet to bond with their child but still want full custody need to make the choice — is your child your main priority or not? If yes, then start acting according to that decision.

Spend as Much Time as You Can With Your Child

How? Spend your entire visitation time with your child. Do not pawn them off onto someone else. You must also keep up with their routines, even adding to them if possible. In short, make your child feel comfortable when they're around you.