Divorce is a hard time for both parties, and if children are involved, you may need legal help to get child custody. The court favours the well-being of children and those with whom they share a meaningful relationship. Several other factors, such as financial and emotional needs, are also considered when sharing custody of children.
However, in most cases, the father’s custody rights may be challenged due to perceived maternal bonding. So, you’ll need to apply in court for complete child custody in case of disagreements with the mother. Keep reading how to get custody of your children as a father in the UK.
Child Custody Rights of Fathers UK
If you wonder if a father can gain full custody of his child, the answer is yes. You may get the child’s full custody or live with a Child Arrangement Order (CAO). Once you get the CAO, you can have kids reside with you while the custody battle is underway.
This works when you are separated from the child’s mother, and the living arrangement with you will be more beneficial with you.
Here’s what you need for full custody of the father’s rights:
- Make sure you meet the child’s needs
- Have proof of resources to meet the needs
- Show that your child will be more happy and fulfilled with you
- Depict that your child’s life will be much better if he or she stays with you.
- Evidence of lack of child/children’s protection in case of mental illness, drug/alcohol use, violence
- Proof of the mother stopping you from interacting with the child for no reason
- Lack of the mother’s ability to take care of the child. If the other parent provides low living conditions to the child, you can move forward for custody.
​Parental Responsibility as a Father
Here are some responsibilities/rights a father will have after getting the custody:
- Offer primary residence to child/children
- Provide educational and medical needs
- Have the means to offer other living expenses throughout life
- See to the child’s welfare, discipline, and overall well-being
- You have to maintain the child’s discipline and ensure their welfare.
- Holding the ability to make decisions for the child
Applying for the Child Custody
You may convey your custody requirement to your ex-partner if you are on good terms. This discussion may be done via writing or conversing. For this, you do not need a legal attorney.
If you have not reached the desired outcome after all the discussions, you may move to court with a request for custody. Legal action in such a scenario will help in a quick decision and taking care of your child.
A panel of three magistrates, a Deputy Judge, and a District Judge will examine the case. They may meet to ask both the parents some questions and look at the proof. After this, you may go to a Court Welfare Officer from CAFCASS / another agency. They will help in checking the father-child relationship and financial position.
Besides, they will ask the child/children if they prefer living with a particular parent. The family court will study all the case aspects before deciding the children’s best interest.
Parting Words
Dealing with child custody battles will be a challenging time. You will need the best legal help to win the case and give a good life to your child. The mother will also put her case, and you must defend yourself and deal with other legal aspects to ensure you don’t lose essential access rights to your children. For this, connect with Lawyersorted.com to find your family solicitor.
Written By –
Omar Shams
CEO & Founder at Lawyersorted.com
