men father with child custody parent divorce

Unfortunately, sometimes a couple’s relationship changes due to certain obstacles. This may cause them to seek a divorce. If a couple is seeking a divorce with children, the divorce becomes more complex as they face the challenges of child custody. In the past, there was a gender bias when it came to whether the mother or father would receive primary custody of a child in a divorce. Women would often be granted primary custody while men would only be granted visitation rights. However, in today’s world, women and men have an equal chance of being granted primary custody of their children. The court often grants joint custody over sole custody. Essentially, joint custody is when a child spends an equal amount of time with both parents. While sole custody is when a child spends the most time with one parent and the other parent has a visitation schedule that dictates when they see the child. If you are a father seeking primary custody of your child in a divorce, contact one of our trusted and determined Monmouth County Child Custody Attorneys who can help you prove to the court it is in your child’s best interest for you to have primary custody of the child. 

Is it possible for men to get primary custody of their children?

In New Jersey, a man can get primary custody of a child in a divorce. However, it is more commonly seen that a woman gets primary custody of a child. Ultimately, fathers have the same rights that mothers do when it comes to getting primary custody of a child. The court finds it is in a child’s best interest of a child to benefit from the nurture of both parents if possible. Typically, the courts rule in favor of joint or shared custody. The court finds both the child’s relationship with the mother and the father equally as important. However, the court will grant custody in whatever way they believe is in the child’s best interest of a child as every couple’s situation is different. A father or mother may get primary custody of their child if the other parent:

  • Abuses the child
  • Neglects the child
  • Suffers from substance abuse (and is not getting help)
  • Suffers from mental illness
  • Is incarcerated

Although in the past there were certain gender biases when it came to which parent got primary custody of a child in a divorce. In today’s society, the court deems that men and women have an equal chance of getting full physical custody of their child in a divorce.

Is it possible for an unmarried man to win primary custody?

An unmarried father can win primary custody of their child. If an unmarried father is seeking primary custody of a child, they will have to complete a paternity test with the court. Once it is determined that the father is indeed the biological father, the court will determine what is in the best interest of the child. This either means granting sole or joining custody of a child. Regardless of whether a couple is married or not, fathers and mothers have the same probability of being granted primary custody.

If you are a man seeking primary custody, please don’t hesitate to contact one of our trusted and dedicated team members who can help represent your interest in court. Allow our firm to help you today.