Divorce and separation are never easy, and time taking. The divorce process could be more tough and complicated if children are involved in the case. Generally, most of the courts give custody to both the parents. However, there are situations when sole custody is granted to one of the parents. It is the right of a father to get the sole custody of his child.
Types of Custody
Before seeking full custody of a child, one should know the types of custody that exists in Maryland. There are two types of custody called Legal and Physical.
In legal custody, the parent has the right to make decisions on behalf of a child that might include school, medical care, travel, and extracurricular activities. Legal custody can be either joint or sole. If it is joint, then both parents should talk and make a combined decision.
Physical custody allows the child to reside with the parent. This type of custody can be sole or joint. When sole custody is granted, then the other parent is given visitation rights.
Difference Between Sole Custody and Joint Custody
- Full Custody is referred to as Sole custody. When a father wants to gain sole custody of his children, then he should know the fundamental difference between Sole and Joint custody.
- In Sole custody, the only single parent is responsible for the child and can take all decisions related to the child.
- In Joint custody, both the parents share the legal and physical custody of the child. Both the parents are responsible for decisions taken related to the child.
Can Single Fathers Get Full Sole Custody of their Children?
Although most of the courts prefer to give joint custody, there are some circumstances that courts might give sole custody to one parent. Judges are not allowed to show any discrimination towards the fathers while granting custody of the child. If you can show that you are the better parent, then courts might consider giving you the full sole custody. However, if you are a father fighting for sole rights, then remember that the mother will also be fighting for custody, then you should be prepared to face any consequences in the court.
How to Gain Sole Custody as a Father?
Getting full custody is relatively unusual; you must take the help of an experienced men’s divorce attorney. When you are filing for a divorce, it is also essential that you file for custody at the same time. If you are already divorced, then you have a couple of options to request for custody. First, talk with the mother of a child about the sole custody. If the mother is not interested in taking care of the child, you can agree with her and submit it to court for approval.
If the mother is not interested in giving you sole custody, you need to prove that the mother is unfit to take care of your children. Record every situation of child endangerment, mistreatment, negligence, or drug use as it comes up. Call the police to have an official record. Keep doctors’ notes, notes from the school, and other proof that your child is not being cared for properly while in the care of his or her mother. When you are approaching the court requesting sole custody, you need to prepare yourself with all the necessary proofs. The judge cannot grant you custody unless you prove that the mother is unfit.
Factors Considering While Granting Full Custody
If you are a father and want to win sole custody, then you should know what to expect before a court proceeding. The judge considers the following factors in determining which parent should win full custody rights.
If you are a father requesting sole custody, then you should have acknowledged the paternity of the child. A father can prove his paternity by signing the child’s birth certificate or by acknowledging paternity during a paternity proceeding in court.
2. Relationship of Child with Father
The judge will inquire about the relationship of the child with both the parents before he award custody rights. As a father, you should be ready to answer all the questions asked by the judge regarding the relationship status with your child.
3. Child’s Relationship with the Mother
The mother of the child is also questioned about the relationship status with the child. The courts have the right to alter child custody arrangements if it considers that the child is in danger. As a father, you could prove that the mother is unfit to take of the child, and the court looks after the shreds of evidence and might award sole custody to the father.
4. Wish of The Child
If the child is major and can make decisions for herself or himself, then the court will also take their wishes into account. If the child shares a strong bond with the father and wishes to stay with him only, then the court can award sole custody to the father.
As a Father, it is tough to obtain sole custody for the child, but by considering the best interests of your child, you have to make a plan to get the verdict in your favor. It would be best if you talked to an experienced father rights attorney to help you in getting the sole custody of your child. Are you a single father in Montgomery County and Maryland fighting to gain sole custody of your child? Then Contact Law Office Of Alice Pare, to help with your case. Call us at 301-515-1190 for a FREE initial consultation.