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How can a father obtain child custody?

Whether you are entering divorce court for the first time or are seeking an appeal on a previous child custody decision, it is important to recognize that today more than ever before the courts are taking the role of the father seriously in the upbringing and best interests of the child. There are several things that fathers should take into consideration when trying to obtain custody rights for children.

In theory, a biological father has as much of a right to their child as the biological mother. However, throughout the history of the United States the mother has traditionally been assumed to have a more maternal and "important" role in a child's upbringing, and therefore has been more likely to have been awarded child custody.

But times are changing, and just as gender roles have been turned around in the United States, so have the previously assumed roles of each parent in a family. The courts will look at each case individually and will look at the relationship between each child and each parent, the child's opinion on their relationship, as well as each parent's ability to nurture and care for the child.

At our law firm, we understand the importance of maintaining a healthy relationship with your children. We also know that in the past it may have been more difficult for men to seek and get awarded child custody of their children. However, more fathers throughout the country, including many from Tustin, California, and the surrounding area, have been able to obtain custody of their children. Seeking proper legal representation can be extremely helpful for those in such situations.

Source: the spruce, "Factors Used to Determine Child Custody for Fathers," Debrina Washington, September 28, 2016

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NIVEN & NIVEN Attorneys at Law
17821 17th Street
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