Home > Legal > Your Rights if You Win Custody of Your Children

Your Rights if You Win Custody of Your Children

By: Chris Nickson - Updated: 19 Feb 2018 | comments*Discuss
 
Separated Dads Custody Residence Order

The important fact to remember is that, in the majority of cases, the father will not be granted custody of the child by the courts. Individuals and groups have complained about this bias of the courts for several years, but it’s simply a fact that unless the circumstances are exceptional, the child or children will stay with their mother under a residence order, and you will be able to see them with a Contact Order.

Conditions For Father’s Custody

However, there are times when a judge will look very favourably on a father’s application for custody. Where the mother has a history of addiction to drink or drugs or an extensive history of binge drinking, which you can prove, there’s a good chance you’ll be given custody. There are solid reasons for this, since addicts often turn to crime to feed their habits, which can put the child in situations that aren’t good as he or she grows.

The courts take a similar attitude where the mother has a criminal record, at least if it’s a reasonably extensive one showing her to be a repeat offender. That applies whether she’s in jail or not (there are instances where mothers in jail can keep very young children with them, but those are few and far between).

The mother might be considered physically or emotionally incapable of raising a child. That might be due to a physical handicap, or it could be emotional instability. In those cases, the father would be given custody.

Similarly, where there’s been emotional or physical abuse of the child by the mother, and it can be proven, then the father will definitely receive custody. Sadly, abuse rates by mothers have been on the increase.

Finally, if the mother is deemed to have abandoned her children, the father will receive custody. Abandoned is classed as not being in communication with a child for a set period, whether by mail, phone, physical contact or email. Also, if she leaves with a new partner and has no contact with the children, or if she neglects the children when they’re in her care, then custody will devolve to the father.

Your Rights

When you have custody, you have the same rights as a mother with custody, and the mother would have Visitation Rights with the children (of course, there might be circumstances when she might be denied access). Be sure you obey the contact order fully.

Something to be aware of is that the mother can later petition the court to have the residence order changed, if she’s cleaned up her act and can prove herself to be upstanding and likely to be a good parent. Sadly, there’s a fair chance she might win, although the courts will take the wishes of the children into account.

You’d do right to feel that everything is more fragile than if you were female, since it probably is. She can always come back with her lawyer.

Check out the Separated Dads Forum... It's a great resource where you can ask for advice on topics including Child Access, Maintenance, CAFCASS, Fathers Rights, Court, Behaviour or simply to have a chat with other dads.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
Donny - Your Question:
Hi I am a single father and have been sines 2012 'once I split from my fiancée which I might add was from her been unfaithful.Anyway I ended up with the children and I have never gone down the legal route as I haven't much money and really in my heart of hearts know she doesn't want them the only reason I let them go is they are so happy when she does all she cares about is alcohol and men and the kids know that as they are 8 and 9 and you know kids they don't miss a trick.Anyway cut a long story short she hasn't come for about 3 weeks again and I have just found out that she is facing charges this coming Wednesday of possession of class A drugs and taking truths into a prison for an inmate I have the letter because her grandad taken a photograph of it and sent me it 'I think it's safe to say she is looking at a sentence 'so I have the heartbreaking task of letting the children know they may not see there mum for maybe 2 to 3 years the judge said at the last hearing 'going on what the children's grandad said and the letter 'What I want to know is can I get full custody of the children LEGALY whilst she is in prison.Thank you.

Our Response:
If you have the children currently living with you, then you are automatically considered the primary carer of your children and therefore have 'custody' or residency naturally. If you wish to make this official, then you would have to apply to the courts for a child arrangement order which would determine with which parent your children should live, please see link here . This application to court is often done if a parent thinks the other parent with parental responsibility may keep the children without their consent, in which case, the matter would have to be dealt with through court to request the children are handed back. If both parents have parental responsibility then the police cannot intervene to take the child off one parent and give them to the other; the police cannot choose between parents, that is the remit of the courts.
SeparatedDads - 19-Feb-18 @ 11:03 AM
Hi I am a single father and have been sines 2012 'once I split from my fiancée which I might add was from her been unfaithful. Anyway I ended up with the children and I have never gone down the legal route as I haven't much money and really in my heart of hearts know she doesn't want them the only reason I let them go is they are so happy when she does all she cares about is alcohol and men and the kids know that as they are 8 and 9 and you know kids they don't miss a trick .Anyway cut a long story short she hasn't come for about 3 weeks again and I have just found out that she is facing charges this coming Wednesday of possession of class A drugs and taking truths into a prison for an inmate I have the letter because her grandad taken a photograph of it and sent me it 'I think it's safe to say she is looking at a sentence 'so I have the heartbreaking task of letting the children know they may not see there mum for maybe 2 to 3 years the judge said at the last hearing 'going on what the children's grandad said and the letter ' What I want to know is can I get full custody of the children LEGALY whilst she is in prison. Thank you .
Donny - 18-Feb-18 @ 4:00 PM
My Wife and I have been married 20years. Recently our relationship has deteriorated to the point of one of us leaving the family home. I have informed my wife about mediation and involving family members to assist if possible. We have 3 children ages 20, 15 and 12. My wife isn't interested in mediation. I have learnt that she has spent a considerable amount of joint money on sex sites, wear and is about to commit Adultery. She has consistently lied about her behaviour and despite my concerns the impact will have on our children's future, she is determined to go forward with this action. She aims to desert her caring duties of our children to go away and have sex with someone she met online. Please could someone advise a course of action. This selfish, emotionally abusive act will destroy our children.
Nick - 29-Jan-18 @ 6:46 AM
Tsi - Your Question:
Me and my husband have been together for 7 years, married 3 and a half and have 3 children together. We have a very stable relationship and a loving home. My husband has a child with his ex. Who is almost 8. We have already been to court in 2014 and had a court order to have weekend access this went well for a while. Untill 14 months ago. Long story cut short the last time we had my husband's daughter was 14 months ago and once we had dropped her home which is 200 miles away we were banded all contact. The child mothers had blocked both mine and my husband's number and we previously found out shes moved address to. The child's mother had got a new partner (4th man that she has brought into her daughter life) and now the child is calling him dad (she called the man before dad to) I have had the child's mothers old friend message me and say that this man will not speak to the child unless she calls him dad. Also it had come to my attention that the mom has being saying I don't want to see my daughter and turning her against me. ( no actual proof well not enough to make it stick) in my husband's eyes he sees it that his daughter has been turned against him and quite possible brain washed by the childs mom. We have set up medeation which he will be attending soon to get something put back into place. Just wondered what people's views are, would we win in court again to get proper access. Is the mom classed as emotionally abusing the child for bad mouthing the dad and stopping access?

Our Response:
If your husband's ex has breached the court order, please see link here, then she is in contempt of court. Therefore, your husband can apply directly to court to have the order enforced.
SeparatedDads - 23-Jan-18 @ 2:15 PM
Me and my husband have been together for 7 years, married 3 and a half and have 3 children together. We have a very stable relationship and a loving home. My husband has a child with his ex. Who is almost 8. We have already been to court in 2014 and had a court order to have weekend access this went well for a while. Untill 14 months ago. Long story cut short the last time we had my husband's daughter was 14 months ago and once we had dropped her home which is 200 miles away we were banded all contact. The child mothers had blocked both mine and my husband's number and we previously found out shes moved address to. The child's mother had got a new partner (4th man that she has brought into her daughter life) and now the child is calling him dad (she called the man before dad to) I have had the child's mothers old friend message me and say that this man will not speak to the child unless she calls him dad. Also it had come to my attention that the mom has being saying I don't want to see my daughter and turning her against me. ( no actual proof well not enough to make it stick) in my husband's eyes he sees it that his daughter has been turned against him and quite possible brain washed by the childs mom. We have set up medeation which he will be attending soon to get something put back into place. Just wondered what people's views are, would we win in court again to get proper access. Is the mom classed as emotionally abusing the child for bad mouthing the dad and stopping access?
Tsi - 21-Jan-18 @ 10:45 PM
Jack - Your Question:
Girlfriend has been caught cheeting for 6months we have a baby and a house what are my rights?

Our Response:
It is not about your 'rights' but about what you first and foremost feel is in the best interests of your child. Making a decision about your child's future should be agreed mutually with your ex if you can, please see link here. If it cannot then mediation would have to be explored before any application to court can be considered. The court will not punish your ex for having an affair. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. If your ex is currently the primary carer of your child, then it is likely the court would seek to continue this arrangement, with you as the non-resident parent. If you can agree access mutally outside of court, then this will help. Mediation can help, please see link here. It is understandable that you may be upset and angry, but trying to put your emotions aside and trying to 'negotiate' the best way forward for you all will be the best option all round.
SeparatedDads - 15-Jan-18 @ 3:44 PM
Girlfriend has been caught cheeting for 6months we have a baby and a house what are my rights?
Jack - 13-Jan-18 @ 7:48 AM
Hi my ex partner has recently been diagnosed with cancer and is in hospital receiving treatment,for the last 3 weeks she has stopped me seeing my child for no other reason than pure spite , I'm wondering what are my rights now on me having him full time whilst she's ill as at the moment she's got a variety of people looking after him apart from me which is quite worrying ,where do I stand ?
Anon - 28-Dec-17 @ 4:48 AM
I have an ex who has definitely got a disorder. She has tried everything to alienate me from my child. I am so burnt out with it. I do not want to be anywhere Nuer but we have a 13 yr old daughter. I just need a decision fast. I have health issues already and the stress is hard to deal with on top. I worry for my child. She is used to hurt me . I wanting over so she cannot do this. Unfortunately trying to do it all myself is tough. I hope to have the c100 in this week. She will not mediate. She would rather put our child through the court process.
Ted67 - 26-Dec-17 @ 1:49 AM
Taff - Your Question:
Hi, my ex is a narcissist and I was mentally abused by her. She has done the same to my step daughter and now my son who is 13 in march. She has poisoned him against me and she stands back and lets other people do the dirty work. I know my son wants to see me but is torn and conditioned. Iv tried talking to my daughter but she wont help as she is jealous of the blood tie from her brother.this has been put in her head by her mother.i rasied her from 18months.how difficult is it to deal with this sort of situation? Iv read up on narcissistic behaviour and it says run as far away as possible but my son is struggling. I have to do something.help I need some decent advice.

Our Response:
The problem with making a diagnosis without any psychological training, is there is no medical proof your ex is a narcissist. Many ex's choose to diagnose a former partner in this way, when opinions differ, or when they fall out, but it does not necessarily mean your ex is suffering from a narcissistic personality disorder (NPD). Diagnosis is also difficult as people with the disorder frequently do not consider themselves to have a problem and will therefore not go out to seek help. If your ex is parentally alienating your children from you, then please see link here. Cafcass are attempting to do more to combat this, please see link here. However, if your ex will not attend mediation to sort your access issues out, you would have to apply to court.
SeparatedDads - 4-Dec-17 @ 12:07 PM
Hi, my ex is a narcissist and i was mentally abused by her. She has done the same to my step daughter and now my son who is 13 in march. She has poisoned him against me and she stands back and lets other people do the dirty work. I know my son wants to see me but is torn and conditioned. Iv tried talking to my daughter but she wont help as she is jealous of the blood tie from her brother.this has been put in her head by her mother.i rasied her from 18months.how difficult is it to deal with this sort of situation? Iv read up on narcissistic behaviour and it says run as far away as possible but my son is struggling. I have to do something.help i need some decent advice.
Taff - 2-Dec-17 @ 8:38 AM
Jlm - Your Question:
Regarding abuse- will it several 'smacked bums', lying to the child and effectively brainwashing him(lying about his fathers history and making the child believe that he is intolerant to dairy products) and the child consistently having headlice, being dirty(i mean clearly hasn't been bathed for a while) and wearing inappropriate clothing(for the weather, or being far too small) be classed as abuse?

Our Response:
You can see more via the NSPCC link here, which will explain more.
SeparatedDads - 17-Nov-17 @ 10:48 AM
Regarding abuse- will it several 'smacked bums', lying to the child and effectively brainwashing him(lying about his fathers history and making the child believe that he is intolerant to dairy products) and the child consistently having headlice, being dirty(i mean clearly hasn't been bathed for a while) and wearing inappropriate clothing(for the weather, or being far too small) be classed as abuse?
Jlm - 16-Nov-17 @ 12:11 PM
Dan Cole - Your Question:
Hi there,Does anybody happen to know how to go about getting paid leave from work for a single father with a newborn? I'm told that fathers are only entitled to 2 weeks paternity pay, but surely as I have a court order for sole custody and parental responsibility and DNA proving that I am the biological father, I should be entitled to Maternity or some form of Shared Paternity pay & leave? I've contacted the payroll office at work and they are all completely baffled and claim I'm only entitled to 2 weeks. This is simply not good enough, I obviously can't just leave baby at home alone. Anyone know the law to this or if anyone has found a way round it?Thanks in advance.

Our Response:
You perhaps would be better to apply to your employer for 'maternity' or shared parental leave, if you are bringing the child up alone without the mother and you will have sole parental responsibility. If your employer refuses your leave, your only other option may be to apply for it through the courts. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. In this case, it sounds as though your reasons for requesting maternity or shared care leave instead of paternity leave would be wholly justified and your employer should understand. Let us know how you resolve this issue. Best of luck.
SeparatedDads - 16-Nov-17 @ 11:52 AM
My ex of 10 years came to an event I was performing at and was highly intoxicated before leaving the venue being asked to leave. she was aggressive towards myself and door staff.the night culminated in her getting arrested and held in a cell over night for drink driving.. she is currently on AD and this is not uncharacteristic behaviour. short of stalking me and attempting blackmail she also makes unreasonable demands as to when I have the children 7 and 8. I don't know what step to take next.i welcome anyone's thoughts!
jdiamondsx - 16-Nov-17 @ 10:59 AM
Jlm - Your Question:
Our situation-I have 3 children from a previous relationship and 2 daughters with my partner. We would like my partners 7 year old son to live with us and he has told both us and his mum this is what he wants too. My son's are 5 and 9 and after 4 years of spending 1/3 of the year together, they have a great relationship with my partners son. At home he also has two half sisters 9 and 14 that he is very negative about. Would his wishes be taken into account if spoken to by cafcass?

Our Response:
Unless the mother agrees, this would be a matter for the courts. It is rare the court will take a child from one parent (i.e the primary carer) and hand him over to another unless there was a justifiable reason. Generally, the likes of child neglect, or abuse would be considered a justifiable reason by the courts. Your partner would have to discuss this matter directly with his ex. If your partner wishes to push this issue and his ex refuses and also refuses mediation, the next option would be court. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. Stability, consistency and routine are considered the most important factors in the upbringing of a child and a court would do little to change this, if your partner's son (regardless of his own personal preference) has this in place already. Court is always seen as a last resort as it can be as stressful to the child as it can the parents. Therefore, any agreement that can be negotiated outside court is always preferable.
SeparatedDads - 16-Nov-17 @ 10:00 AM
Our situation-I have 3 children from a previous relationship and 2 daughters with my partner. We would like my partners 7 year old son to live with us and he has told both us and his mum this is what he wants too. My son's are 5 and 9 and after 4 years of spending 1/3 of the year together, they have a great relationship with my partners son. At home he also has two half sisters 9 and 14 that he is very negative about. Would his wishes be taken into account if spoken to by cafcass?
Jlm - 15-Nov-17 @ 2:07 PM
Hi there, Does anybody happen to know how to go about getting paid leave from work for a single father with a newborn? I'm told that fathers are only entitled to 2 weeks paternity pay, but surely as I have a court order for sole custody and parental responsibility and DNA proving that I am the biological father, I should be entitled to Maternity or some form of Shared Paternity pay & leave? I've contacted the payroll office at work and they are all completely baffled and claim I'm only entitled to 2 weeks. This is simply not good enough, I obviously can't just leave baby at home alone. Anyone know the law to this or if anyone has found a way round it? Thanks in advance.
Dan Cole - 15-Nov-17 @ 12:50 AM
High im a singke dad of 2 i already have custody of my 1st child and now my ex is demand my second to live with her.when we were together she keot leaving them to take drugs n 8 weeks ago i kicked her out n i gave her four chances to come see them however she was to high to bother. She had a prevouis son who live with her gran parents throu social services and her drug n abondoning. My kid are in a stabke environment i work there in nursery like they have being from ababy they are hapier now than when she was here im just asking could she take my youngest as there is no order on her yet
jo - 13-Nov-17 @ 9:52 PM
Hi just after some advice for my friend has male and married with twin girls now 8 has looked after them while mum works since they were 6mnths old she has recently walked out on them but returned and is now threatening to leave again.will he get custody of the girls if she walks out? She is abusive to him physically and mentally in front of the girls too no one seems to want to help him family don't want to know either she's becoming unstable and sycotic
Concerned friend - 5-Nov-17 @ 6:21 PM
Fuming - Your Question:
Bit of a tricky one this, I’m male, 32 and sole parent to a 1 year old her mums phsycotic behaviours, drinking, drug use and self harm issues made the courts have no other option than to give me my daughter and full custody, now my daughters Mum is saying she is going to take me to court to argue that I shouldn’t have my daughter and both the kids should stay together (my ex has a daughter from a previous relationship) she has the other child, I work hard, I’m no risk as I would obviously not have custody, I don’t see her problem and I don’t want my daughter going into her grans care, what rights do I have if she takes me to court what help will I receive? What are the likely results. please help me because I have fought so hard to keep my daughter safe providing childcare while I work and spending every bit of time I can with her I love her so much it will honestly break me if everything I now have was ripped back from me

Our Response:
It is highly unlikely a court would remove your child from your care and hand her to another person to look after her, unless absolutely necessary. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. Consistency and stability are what the court values most. So, if you have a happy, healthy child, in your care then there would be no reason for the court to choose to intervene. In addition, it would be highly unlikely a court would allow your ex to apply directly once an order has been awarded, unless it deemed necessary i.e if violence or neglect were witnessed. It sounds as though your ex is making idle threats in order to get a reaction. However, these are threats without foundation and if she has a history of such behaviour, this will have been logged by the courts. Likewise, your ex's mother does not have parental responsibility of your daughter, so therefore she would not be considered an option. So, I hope you can relax a little here.
SeparatedDads - 16-Oct-17 @ 3:38 PM
Me and my ex divorced 8 years ago and I have had custody of both children with him having visitation every other weekend. We don’t communicate as things turn nasty so he deals directly with the kids now (12 and 15). Me and my daughter had a row and I told her to go and stay at her dads for a bit, she now has no contact with me (I took her phone off her before she went as a punishment), she has now told social services I hit her etc and regularly physically abuse her....ss report states no concerns with safety of kids living with me. Ex is now trying to take me to court for custody of both children citing I’m unsafe, unstable and erratic?? My son doesn’t want to go as he doesn’t want to leave me or his younger sibling......where do I stand?
Worried3 - 14-Oct-17 @ 5:58 AM
Bit of a tricky one this, I’m male, 32 and sole parent to a 1 year old her mums phsycotic behaviours, drinking, drug use and self harm issues made the courts have no other option than to give me my daughter and full custody, now my daughters Mum is saying she is going to take me to court to argue that I shouldn’t have my daughter and both the kids should stay together (my ex has a daughter from a previous relationship) she has the other child, I work hard, I’m no risk as I would obviously not have custody, I don’t see her problem and I don’t want my daughter going into her grans care, what rights do I have if she takes me to court what help will I receive? What are the likely results... please help me because I have fought so hard to keep my daughter safe providing childcare while I work and spending every bit of time I can with her I love her so much it will honestly break me if everything I now have was ripped back from me
Fuming - 14-Oct-17 @ 12:12 AM
James - Your Question:
I have a difficult situation and I don't know what to do.My daughter lives with her mother who is living on benifits schemes, mentally ill, possibly has an alcohol problem and so on.There is currently no legal matters between us and I have my daughter on most days that I do not work but sometimes when I'm not in work I have to beg to see my daughter for maybe an hour. Her mother as i've stated is mentally it but pretty severely from a majorly abusive and traumatic past as a child, she is unable to make good decision and does not mentally live in this reality.I'm concerned that to spite her incapability to be a strong and intellegent female role model for our daughter will ininvertantly damage our child is she is left majority in her mothers care. My circumstances though are not ideal materialistically speaking, I still live my parents as I can't afford my own place on a minimum wage job and I do not recieve any beneficial help. I am how ever on a managment scheme in work and so by the end of next year I should be in my own place with plenty of income to support both myself and my daughter.There is an abundance of proof to her mental health issues as she disscusses it regularly wth her GP and has been on meds for years. Physical health is also on the decline which obviously makes her mental health worse and also on the decline.How much of a chance do I have of having custody, I believe that her mother should be involved in my daughters life as she is a woman in the making and paychologically needs a mother figure but I wish to be the decision maker & responsibility provider for her.What do I do? Do you need more information in order to advise?

Our Response:
If your ex does not agree with you taking a more active role in your child's life, then your only option is to try to push the matter further via mediation and if your ex refuses, take the matter to court. Unless you can prove in court that your ex is incapable of looking after your child, then it is unlikely a court would remove your child into your care and take her from her mother. Mental health issues alone do not mean your ex is incapable of being a good parent to your child. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. Therefore, if you think you may have a case to answer, then you should seek legal advice in order to explore your options.
SeparatedDads - 3-Oct-17 @ 2:12 PM
I have a difficult situation and i don't know what to do. My daughter lives with her mother who is living on benifits schemes, mentally ill, possibly has an alcohol problem and so on. There is currently no legal matters between us and I have my daughter on most days that I do not work but sometimes when I'm not in work I have to beg to see my daughter for maybe an hour. Her mother as i've stated is mentally it but pretty severely from a majorly abusive and traumatic past as a child, she is unable to make good decision and does not mentally live in this reality. I'm concerned that to spite her incapability to be a strong and intellegent female role model for our daughter will ininvertantly damage our child is she is left majority in her mothers care. My circumstances though are not ideal materialistically speaking, I still live my parents as I can't afford my own place on a minimum wage job and I do not recieve any beneficial help. I am how ever on a managment scheme in work and so by the end of next year I should be in my own place with plenty of income to support both myself and my daughter. There is an abundance of proof to her mental health issues as she disscusses it regularly wth her GP and has been on meds for years. Physical health is also on the decline which obviously makes her mental health worse and also on the decline. How much of a chance do i have of having custody, I believe that her mother should be involved in my daughters life as she is a woman in the making and paychologically needs a mother figure but I wish to be the decision maker & responsibility provider for her. What do I do? Do you need more information in order to advise?
James - 29-Sep-17 @ 3:38 PM
If Father stashed money during marriage by financialy abusing Mother while she brings up young children, it will help him get highly expensive lawyers (while mother is in legal aid) who are socialising w Judges via Masons organisation and this is way to take children away from perfectly normal, healthy, capable and fit Mother's!!
Annon - 28-Sep-17 @ 11:11 AM
Stress - Your Question:
Hi. I'm extremely upset. I'm in recovery from alcohol. I've been accused of drinking alcohol and despite explaining that I have been drinking energy drinks in high volume. Researched it too. They have decided to go to court for a care order. She's been told she will be coming home 2 weeks ago,. Now this. At 10 how much weight will her wishes and age hell her return or have I lost her? Any advice appreciated

Our Response:
Under the Children Act 1989 a council can apply for a care order if it believes a child is suffering or at risk of suffering significant harm. I'm afraid we cannot anticipate what a court may decide. As in all cases, the court’s main concern is the welfare of your child. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
SeparatedDads - 26-Sep-17 @ 12:48 PM
Hi. Stress is really desperate for advice.
Stress - 25-Sep-17 @ 10:40 PM
Hi.. I'm extremely upset. I'm in recovery from alcohol. I've been accused of drinking alcohol and despite explaining that I have been drinking energy drinks in high volume. Researched it too. They have decided to go to court for a care order. She's been told she will be coming home2 weeks ago,. Now this. At 10 how much weight will her wishes and age hell her return or have I lost her? Any advice appreciated
Stress - 25-Sep-17 @ 10:38 PM
Summersunuk - Your Question:
HiIve been house husband for my two boys 16 and 10 for their entire lives. We are getting divorced am I likly to retain custody?

Our Response:
Much depends upon what you and your ex agree between you. If you can't agree and you wish to remain the primary carer of your children, then you or your ex would have to either try to resolve the matter via mediation and/or if mediation doesn't work out, the courts. If you have been the primary carer for your children to date, you will stand a good chance of remaining the primary carer (dependent upon the situation and who remains in the family house). The courts will always decide upon what it thinks is in the best interests of your children and stability and consistency are key. However, if your ex remains in the family home, she will also have a good chance. Shared-care is an increasinly more frequent arrangement these days also, which is best arranged between you both. However, only one parent can apply for child benefit etc and by default this theoretically makes them the primary carer. As both of your children are older, they too would have a say in court. If needed, you may wish to seek legal advice in order to fully explore your options.
SeparatedDads - 18-Sep-17 @ 11:45 AM
Share Your Story, Join the Discussion or Seek Advice...
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Latest Comments
  • Sam
    Re: When Your Ex-Partner Denies You Access
    Your sister was right I find you i will take bree .i find out she been hurt I will hurt you I swear on bible can’t…
    24 February 2018
  • Sam
    Re: When Your Ex-Partner Denies You Access
    Hey ex do you register what you did now?...?...?i will hate for ever
    24 February 2018
  • sam
    Re: When Your Ex-Partner Denies You Access
    What do you still think your a catch ?.you see through my eyes now .all I see is a joke .keep hiding loser
    24 February 2018
  • sam
    Re: When Your Ex-Partner Denies You Access
    You hide my child cheat with my uncle for years and countless other and you still could put my child on the…
    24 February 2018
  • Sam
    Re: Divorce and Perjury
    Let’s resolve our issues come to my house .i am just lonely old pensioner looking for a friend.
    24 February 2018
  • Sam
    Re: Divorce and Perjury
    Hey you talking to Gordon?bigtyon ?.are you tell my mum that I m giving you trouble ?.remember when you told her i stole his wallet?hey come…
    24 February 2018
  • Chris
    Re: Divorce and Perjury
    And for record to late for Peace.you come any where near i belt you in the street and give one for the old days bring your (big man I dare you…
    24 February 2018
  • Chri laurie
    Re: Divorce and Perjury
    Tell bree she was a mistake and if (I am her biological father)tell her I want nothing to do with her( remove my last name )I am demanding.if…
    24 February 2018
  • Chri
    Re: Divorce and Perjury
    For record ex we do judge you .remove my last name.
    24 February 2018
  • Chri
    Re: Divorce and Perjury
    And for the record ex I am on disability pension so I can’t help you sorry .and it not my problem anyway get step daddy to step up .you get…
    24 February 2018
Further Reading...
Our Most Popular...
Add to my Yahoo!
Add to Google
Stumble this
Add to Twitter
Add To Facebook
RSS feed
You should seek independent professional advice before acting upon any information on the SeparatedDads website. Please read our Disclaimer.