Can a Father get Custody over a Mother in a divorce with all things being equal? Many people often think that the mother is who will get custody of the children in the event of a divorce. However, this is not always the case. There are many instances where a father may get custody over a mother, even in the event that all other things are equal. In the past, it was assumed that mothers get custody of the children in the event of a divorce in Bessemer or anywhere else in Jefferson County unless there was extreme evidence that the mother was unfit to take care of the children. However, more recently this has changed and fathers receive custody much more than they used to.
Generally fathers have an additional burden to prove in order to get custody in an Alabama divorce where mothers do not. Fathers must prove paternity, to show that they are the true paternal father of the children. The father must also be able to prove that they are the primary caretaker of the child, by showing that they are the one that takes care of the children on a day to day basis. It is also very helpful for the fathers case if he is able to show that he has a better environment to raise the children in. This generally ends up being a safe and healthcare matter.
The judge has discretion to make the decision as to which parent gets custody of the children. Before making their decision in an Autauga County divorce, the judge may consider a multitude of factors. The judge will typically consider the children’s ages, health, and other needs, which could include educational, emotional, and social needs. For example, if the children are special needs, they may need to attend a specific school or daycare that is equipped to meet their needs.
The judge will also consider each parent’s home environment, age, health, and income. The relationship between the children and each parent will also be taken into consideration, and if one of the parents has interfered with the children’s relationship with the other parent, the judge will factor that into their decision as well. The judge may want to speak with the children to see how they feel towards each parent. The judge may also order a custody evaluation where individuals in the children’s lives are interviewed by a social worker who will then make a recommendation to the judge.
Therefore, a father may get custody of a child over a mother. This decision will be left up to the judge and based on a number of factors argued to the Court by your local Birmingham divorce attorney.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, probate, and real estate closings on this website. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply feedback. We appreciate our readers & love to hear from you!