How to get full custody of a child as a father

When you’re a father seeking custody of your child, the phrase that matters the most in almost any state is “the best interests of the child.” In general, the best interest standard puts the child’s physical, emotional and developmental needs at the center of the custody process. And when you understand how the best interest standard applies in your state, you’re a big step closer to knowing how to get full custody of a child as a father. 

Below, we provide a general overview of what you might encounter in a child custody case. Keep in mind that standards and rules may change from state to state, but many of the principles are the same in father-child custody matters.

General principles

Courts do not make decisions about custody based on the sex of the parents involved but rather on each parent’s ability to care for the child. This means that mothers and fathers often have equal custody rights. The legal custody responsibilities and rights of a parent may include rights and obligations to:

If your child’s other parent does not respect your rights as a parent, you might need to get the law involved to protect yourself and your child.  

While parents have equal standing in custody matters, a father might have to take extra steps to establish their parental rights. A crucial step for many seeking child custody for fathers is to establish the paternity of their children.

Establishing paternity in a custody case

If you’re a father who was never married to your child’s other parent, you might have to legally prove you’re your child’s father before you may ask the court for a custody order. This legal process is called establishing paternity or parentage. 

The process to establish parentage depends on your state’s laws, but proving you’re the father may be done in multiple ways, including:

You may file a petition in court to establish the paternity of your child and have your child’s other parent served with the petition and a summons.

In court, you may present an acknowledgment from the other parent or the results of a DNA test as proof of your status as the father. Once you prove that you’re the father, you have equal rights and obligations to spend time with your child and support them. But if you want full custody, you will likely have to prove to the court that granting you full custody of your child is in their best interest.

How to legally get custody of a child as a father

The first step to obtaining custody of a child is to file a custody petition with the court in the county where the child lives. If you’re seeking custody as part of a divorce, the court will address custody when it adjudicates your divorce petition.

After filing your petition, you may have to personally serve the other parent with your petition and a court summons. Personal service tends to involve having someone who is at least 18 and not a party in your case personally deliver your complaint and a summons to the other parent. Many people enlist the help of a sheriff or professional process server to complete service in their case. Whoever completes service typically must file an affidavit with the court regarding their service.

Some fathers may obtain full custody of their children without court intervention. You may avoid much of the court process by entering into a custody agreement with the child’s other parent. You submit the agreement to the court for review. Depending on your state, you may need to attend a hearing. If the court confirms that your agreement is in the children’s best interests, it will enter it as an order of the court. If the other parent violates the order, the court may enforce it through sanctions such as financial penalties or even jail time.

If you and the other parent cannot agree to a custody arrangement, the court will hold a hearing and issue a custody order based on its assessment of what is in the child’s best interests.

Proving full custody is in your child’s best interest

Many state courts favor parents having joint custody of their children, but a court may order sole child custody for a father if it’s in the best interest of the child.  The “best interests of the child” principle means that the court’s main goal is to make decisions that provide the best possible outcomes for the child. This encompasses more than just material needs—such as housing, food and education. The best interest standard also considers emotional stability, mental health and the overall ability of each parent to foster a positive environment for the child.

Factors the court considers in determining the best interest of the child

While each state may have slightly different guidelines, courts typically look at similar factors when determining what is in a child’s best interest. The factors might include:

When seeking full custody, you might have to prove that you have a stronger relationship with your child and are better equipped to meet their needs than the other parent. You might also have to prove that granting custody to the other parent would threaten the child’s safety or development. Asserting your custody rights may involve presenting a large amount of evidence to the court regarding your abilities and your child’s needs.

Typically, the court will order the family to participate in a custody evaluation to help it make a best interest determination. The evaluator will review each parent’s circumstances and make a recommendation to the court.

Evidence to prove that full custody for the father is in the child’s best interests

To prove that full child custody for a father is in the child’s best interest, a father might have to provide the following evidence:

You may have easy access to several of the types of evidence we listed above. However, gathering some evidence (such as sensitive records of another person or the testimony of an unwilling witness) might require you to submit legal interrogatories to other parties or serve other parties with subpoenas.

How an attorney may help

We know that ensuring the court makes the right decision about the custody of your child is one of your greatest priorities. And receiving a court order that grants you full custody of your child may be a detailed process with many legal requirements. Fortunately, you don’t have to sift through this legal process on your own.

An attorney may guide you through how to get full custody of a child as a father in many ways. An attorney’s help might include gathering evidence to prove what’s in your child’s best interests and filing the necessary paperwork to open your custody case. If you want to settle your custody matter outside of court but you have a strained relationship with the child’s other parent, an attorney may handle the negotiation of your custody agreement.