Child custody and property continue to be the hottest areas of dispute in divorce battles in the
In the UK, 90% of single parents are women, and most of them are divorced women with children. Many of them are struggling to make ends meet, with little support from the CSA (Child Support Agency), and with the maintenance payment pending from their former spouses. As for fathers who win custody rights, the situation is not much better. We will be discussing in greater detail, the issue of fathers who get custody of children.
When does a Father Win Custody
Since it is so very rare for a man to win the custody of his children, let us look at the specifications provided by the law on this. Please note that this pertains only to the
- The first thing that a court will check before awarding custody is the financial status of the parent. In some cases, when the mother has proved to be insolvent, and with no chances of earning, the court has awarded the child to the father. If the father can pay maintenance the matter becomes different, and the mother can keep the child. But if the father is too poor to manage to pay the maintenance, but has better earning prospects than the mother, the child will go to him.
- If the mother has a criminal track record, the child will obviously go with the father. Sometimes a woman convict is allowed to retain her child in jail, if the child is too young, and her behaviour has been exemplary. But in general, the law would not consider it a good practice to let a convicted woman bring up her child. Even if the mother is not in jail at that time, but has a criminal record that shows her tendencies towards a criminal way of life, the child would go to the father.
- Similarly, if the mother has a past record of addiction and binge drinking, the child will be under the guardianship of the father. Drug and substance abuse and habits of alcoholism are not so easy to kick always. The famous case of Britney Spears is there for all to see. While everyone may feel sad for the singer’s heartbreak and personal turmoil, it cannot be denied that she needs to not just detox herself, but also get a grip on her life before she takes responsibility for a child. Children are impressionable and seeing the mother taking drugs would encourage the child to do the same. Addiction leads to petty crimes, vandalism and a whole circle of bad habits. Therefore, the child should not remain with the mother in situations like these as he or she may develop a life time of harmful habits.
- If the mother has not kept in touch with the child for a specified period of time (and this includes visits, mails and phones), then it will be declared that she has abandoned the child, and is unfit to be the custodian. Similarly, if the mother has gone away with another partner, the child will go to the father in the event of divorce. Any other irresponsible behaviour by the mother will also go against her. If she has failed to take care of the child, and let him or her get hurt, become ill, neglected food and education, the court will decide to give the child to the father, who must prove to be a better guardian.
- If the mother is declared medically or emotionally unfit to handle the responsibilities of bringing up the child, the father may take charge of the situation. If the mother has all the good intentions of bringing up the child, but is suffering from a physical handicap that does not allow her to be a good support for a growing child, the father will have custody, while she may enjoy visitation rights. Women who are declared emotionally unstable obviously cannot be child custodians.
- Emotional and physical abuse of the child, blackmail, forcing the child into compromising acts and such other criminal activities by the mother will enable the father to win child custody by the court. It is a terrible fact that the rates of emotional and physical abuse of children by their mothers have gone up over the past five years. It is a shameful fact, and the child sometimes has no escape from the trauma that leaves life long scars.
