Father Gaining Child Custody

Child custody laws are supposed to protect the best interests of the child, however there are some real concerns being raised when it comes to the father gaining child custody. Although the current laws that are in place in terms of determining the best interest of the child are enforced and warranted, there are many third party organizations that often influence the process in an unfair way. Sometimes the psychotherapists and lawyers that are involved in a particular case may have some influence on the overall decision that is made in terms of a child’s best interest. Feminist ideology is commonly at the forefront of many custody battles as well and can greatly affect the outcome of a custody battle.

A Child’s Best Interest

There are a ton of issues that have surrounded custody battles for years. Perhaps the main question that is constantly being asked is about the standards that are used to determine what the best interest of a particular child is. Most court systems will take the child’s wishes into account. However, sometimes the judge will overrule the child’s decision. This is because the court system realizes that sometimes a certain child’s wishes may not actually be in their best interest. If a judge does think that this is the case, they have the right to use other criteria in order to determine the most suitable living arrangements for the child. In most cases a psychotherapist will be used to analyze the child and their wishes, and give their suggestion to the judge to whether or not the child’s wishes are valid and actually in their best interest.

Criteria

All of us, for the most part, are aware that a judge must use a certain set of criteria with the help of other professionals to make their ultimate decision about where a child will end up. However, many of us are unaware of the criteria and how much it tends to sway on the side of the mother rather than the father gaining child custody. Below you will find some of the things that may weigh heavy on a judge’s decision.

The Child’s wishes will always weigh heavily on the decision made by the judge. However things like intelligence and maturity levels will also play a role on how valid the child’s wishes are.

• The child’s ability to stay in contact with both parents
• The possibility or a past of violence with a particular parent or guardian
• A child’s specific personality and needs.

Contact a child custody attorney in your area today!