How to get exclusive paternal custody

Are you a father, your marital or relationship relationship has broken down and you want custody of your children? Don’t keep searching, here you will find the answers.

Although the law does not distinguish between single-parent or exclusive paternal and maternal custody, below we resolve your doubts about the custody of children in favor of the father .

If instead of looking for information about single-parent custody or exclusive custody for the father, what you are looking for is information about shared custody,

we recommend our article:  6 frequently asked questions about shared custody .

But don’t forget, defend your child’s interest so that he or she has good personal and emotional development. Don’t fight for yourself, fight for him 

Can I agree to paternal custody with my partner?

Absolutely YES . Both the father and the mother have the right to custody of minor children in the event of divorce or breakup of the couple.

The weak point, in these cases, are the children. Neither parent wants to separate from them. But… there is no other, we have to look for solutions.

See also  How to Sign Over Your Rights As a Father

We always advise you, whether you are a father or mother, to reach an agreement with your partner , to avoid legal battles and suffering, especially for your children .

Two agreements on paternal custody of children

The Law allows parents to adopt any of the following agreements, as long as it is in the interest of the minor:

1) Exclusive custody for the father

If you have reached the agreement, you, as custodial parent, will be in charge of the daily care of the minors (meals, showers, school, extracurricular activities, training, education…).

Consequently, you will have a greater personal and emotional relationship with your minor children, with day-to-day life. But, also, greater obligations .

The mother (non-custodial parent) will be able to visit them , communicate with them and have them in her company. But, also, obligations: feed them , educate them, provide them with adequate training…

Let us not forget that the custody of a child does not exempt the non-custodial parent from complying with the obligations derived from parental authority .

Among other obligations, there is that of educating children, making decisions about their health, changing residence or school, managing their assets…

To make decisions on these issues, both parents must agree , whether the custodial parent is the father or the mother . If you do not agree, it will be necessary to initiate a parental authority incident or disagreement .

2) Joint custody

You can also agree that custody is shared. That is, the children will be with the father for a period of time ( weeks , months…) and with the mother for another period.

See also  Modifying Divorce Agreements: Requirements, Procedures, and Cases Explained

Can I request paternal custody in the divorce petition?

The answer, too, is YES. Let us not ignore that, generally, exclusive custody of minors is granted to the mother, but the father can also request it .

Fight for your rights as a parent, but do not turn a contentious divorce process into a “war” by ignoring what is best for your child.

We insist, keep in mind that they are your children and look for the most appropriate for their physical and emotional development . If you don’t do it, the Judge will .

To obtain exclusive custody for the father , in a contentious divorce court process, you must prove:

  • Good relationship with your children. That you are involved in their lives, on a personal, educational, medical level…
  • Time availability. That is, your job or work activity is compatible with the daily life of minors.
  • Stable economic situation, which allows you to meet the financial needs of your children.
  • Stable and adequate emotional situation to provide your children with the well-being they need.
  • That your child over 12 years old wants to live with you . If your child is over 12 years old, he must be heard by the Judge and the Prosecutor. Although his declaration is not enough, you must also prove all of the above.

Can I request joint custody in the divorce petition?

Again, the answer is YES. In the contentious divorce lawsuit , you can request joint custody.

Whether you act as a plaintiff or a defendant, the law recognizes your right to request joint custody.

Once shared custody is requested, the Judge will agree to it, as long as this custody regime is beneficial for the best interests of the minor.

See also  Ultimate Guide to Divorce Settlement Agreements: Everything You Need to Know

Can I request a change of custody?

Yes. Even if sole custody has been awarded to the mother, if circumstances change, the father can request a change of custody .

As an example, we list some cases in which, after a divorce decree with custody for the mother, exclusive custody of the father has been agreed:

If the minor, over 12 years old, wants to live with the father

As we have told you before, children over 12 years of age must be heard by the Judge and the Prosecutor .

If the minor is clear that he wants to live with the father, even though custody has been awarded to the mother, it is possible to request a change of custody .

Now, the Judge not only values ​​the will of the minor over 12 years of age, you will also have to prove your good relationship, availability and care for the minor.

If the mother changes residence to another city

The change of residence of the mother, who has exclusive custody of the children, is part of the decisions of parental authority.

In this case, you can request exclusive paternal custody , proving the personal and family roots of the minor.

If the mother hinders the relationship with the father

The Courts also grant paternal custody, when the mother influences the father figure in a negative and severe way.

As we said, these are assumptions presented as examples , there are others, each case requires its study. You can see more reasons to lose custody of a child here .

Get advice from an expert family lawyer

Conflicts over child custody are, unfortunately, a very common problem after a separation or divorce .

In these cases  it is highly recommended to have the advice of a lawyer specializing in family law .

His greater experience advising people who have gone through the same problem as you, as well as his greater accumulated knowledge, means that an expert lawyer in family law  can help you find the best possible solution for your interests, and those of your children’s.

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