When it comes to a father seeking sole custody of their child you have to make sure that you follow all of the legal steps to get yourself in the door. Courts are always going to make sure that they do what is best for the child in any situation.
In the older years children were considered a father’s property, but in the 20th century that changed. The Doctrine states that a mother is well emotionally suited for nurturing a child especially when it comes to having young children according to legal information on legalzoom.com.
Child’s Best Interest
When it comes to seeking sole custody, you have to remember that the courts do want to make sure that it is in the best interest of the child. When you are taking the necessary steps be sure that you have everything documented and that you know about the health and well-being of your child. A father must make sure that they can prove that the child living with the mother would not be in the best interest when seeking sole custody.
In many states, mothers have sole custody of their child especially if they are unwed. A father has to petition the court for a DNA test if his name does not appear on the birth certificate or if the mother does not agree voluntary to have a DNA test done. Father will have to petition the court a second time according to legalzoom.com for custody or visitation rights as long as the DNA test proves he is indeed the father.
There are some risks when it comes to getting sole custody. Courts will be a little suspicious about the motives of any parent who petitions to get sole custody. Excluding the other parent is something that is drastic for a child, so in many cases proof that the other parent is unfit may be called into question. You may need an attorney to help you with this type of information as well.
When it comes to the legal aspect you have to make sure that, you do everything by the book and make sure that you are honest. Giving false accusations can hurt you in the end, so make sure that you do what is best for your child. Courts will try to help you any way that they can, but in order to get better help hiring an attorney is the best way.
Check out our Father’s Rights lawyers Directory (coming soon) to find a great lawyer in your area!
Legal Reference: http://info.legalzoom.com/dads-rights-sole-custody-20718.html