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Sole custody could be awarded to fathers in Minnesota

On Behalf of | Nov 19, 2019 | Divorce |

Although many men worry about unspoken bias in the court system, the truth is that dads can get full custody of their children under certain circumstances. Normally, the courts do prefer to award joint custody, because it gives both parents the right to see their children. Joint legal custody also gives both parents rights when making decisions for their children.

To obtain sole custody, there must be a good reason to limit interaction with the other parent. For example, if there was abuse in your relationship, then there may be a good reason to award sole custody. Sole custody may also be awarded if one parent is in prison or under other circumstances.

Can dads get sole custody?

Of course, with the right supporting evidence. The courts prefer to give parents shared custody, but if you can show that you are the better parent and that there are significant reasons to limit the other parent’s interaction with your children, then sole custody may be an option.

When the court is considering if it should grant sole custody, there are a few factors to look into. These include:

  • Your current relationship with your child
    • Be able to describe your relationship and answer questions about your child.
  • Your child’s relationship with their mother
    • You will want to have supporting documents to show why their mother should not play a major role in their life. They could include medical documents, court documents or police records, for example.
  • Paternity
    • If you are interested in having full custody of your child, then it’s necessary that you have acknowledged paternity.

Can the other parent have visitation rights if you want to receive full custody?

They certainly can. If there is no danger to the child, then it’s likely that the other parent will be awarded at least some visitation time, even if one parent has full custody. Having full custody means that your child lives with you all the time and may mean that you have the sole responsibility of making decisions on their behalf. The other parent may lose some rights if you receive full custody, but each case is different.

If you want to seek full custody, it’s important to prepare as much supporting documentation and evidence for your case as possible. The court will do what it believes is in the best interests of your child, so it’s up to you to show that full custody being awarded to you is the right choice.