Child Custody For Fathers: Arm Yourself In Court

By: Michael Clark|LRL Writer

As compared to the past, cases of child custody for fathers are more frequent at present. Before the 1970, mothers often won child custody particularly because courts were guided by the doctrine of the tender years. This doctrine states that given that the child is at his/her tender years (those ages ranges from thirteen and under), the mother should have the custody.

Fortunately to the developments and more discussions in the 20th century, the courts started veering away from the doctrine of the tender years and started considering the interests of the child. The tender years doctrine violates the Equal Protection Clause in the 14th Amendment of the U.S. Constitution, thus the child's interests became top priority instead. In the case of most states, the public policy is founded on the best interest of the child and the law which governs family courts and the criteria by which family courts decide which parent wins custody is also founded on such thought.

In spite of the 20th century consideration of the doctrine concerning child's best interest, a lot of family courts at present continue to greatly take into consideration the conventional responsibility of the mother as the main caregiver. Because of this consideration, the court's determination of child custody often favored mothers over fathers. Fortunately for the continued advocacy towards child custody for fathers, many male parents have increased chances of winning custody disputes.

The traditional roles of mothers have been steadily contended with thus there is more consideration to the role of fathers. From time to time, child custody for fathers is agreed upon based on mutual agreement involving the parties. In certain situations, the children like it better to live with their father.

Custody for fathers has been gaining considerable and favorable outcomes. In cases where the decision is left for the courts to decide, fathers nowadays are continually proving themselves are the more emotionally stable parent. Fathers have also been steadily gaining approval due to their capacity to provide better living and provide resources for their children.

Conditions favorable for male parents are when mothers are not capable of paying for or affording the frequently protracted and costly child custody dispute. In other cases, the mother is keener in pursuing a career. Apart from of the situation, more male parents are winning child custody for fathers based on mutual agreement between the two parties or as granted by the court.

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