Fathers’ Rights are important. As a father, you have an equal right to seek custody of your children. In custody cases, whether part of a divorce or not, the mother does not get automatic custody preference in a court of law.
The Court will consider many factors but will look primarily at who is currently the primary caretaker of the child or children. If the mother is the primary caretaker, that will be taken into consideration. In this case, under normal circumstances, the mother will likely take preference and continue her role as the primary caregiver. If you, the father, are the primary caretaker, then that will be favorable for you in a child custody case.
Each case is unique. If there are doubts about the primary caregiver’s ability to continue in that role, such as drugs or mental illness, then the other parent can get custody based upon those concerns. Attorney Joseph H. Nivin can answer all of your questions about child custody and fathers’ rights.