Determining Child Custody

In the absence of agreement between a child’s parents determining child custody will be a decision for the family law court.

How does the court determine child custody?
Generally the law states that neither mom or dad should be preferred because of their sex-it is up to both parents to prove to the judge that they are the better choice.

However because judges are human beings as well as judges you may well encounter a situation where a judge’s personal preference and prejudice will manifest itself. If this happens to you, you may look for a change of venue which is the same thing as a change of judge.

But you must make your request before the judge hands down his judgment on the meat of the issue. Some states allow a change of venue without the need to offer a reason but once it is transferred it will be difficult to obtain any further changes of venue unless you can point to a specific instance of prejudice or bias on the part of your new judge.

Many judges in the states in the south of the U.S. will favour the mother, all other things being equal. If you are a dad it is up to you and your lawyer to ensure that you put your best case forward and to ensure that all things are not equal from the judge’s perspective.

However prejudice and bias can cut both ways and many judges will favour the father, particularly if the mother is in full time employment or in a professional career which is time consuming.

You really need the assistance of a good attorney who is familiar with the judges in his state and who will be aware of the potential for bias in a decision and who is aware of the nuances of the various judges who may sit in judgment in your child custody case.

Unmarried Parents and child custody
Generally when the parents of a child are not married most states will award sole physical custody to the mother. This can be challenged by the father of the child but the odds are stacked against the father when the mother can show that she is a good parent.