When parents divorce child custody is usually a central issue. In every child custody case, the court must assign both physical custody rights and legal custody rights. In most child custody cases, parents receive joint legal custody of their children. This means that both parents have a voice over how a child is raised. Physical custody, however, is generally assigned to one parent, while the other parent receives visitation rights.
Historically, mothers were presumed to be the custodial parent and this was reflected in the courts. While this may still be the case to a certain degree, things are beginning to change dramatically. In fact, the Pew Research Center reports that the number of single fathers with custody of their children has been on the rise since the 1960s. Since 1960, the number of fathers with physical custody of their young children has risen from 1 percent to 8 percent.
While the numbers are not large it is a big change and demonstrates a shift in society. Today, more fathers are seeking to care for their young children, while at the same time more women are choosing to pursue careers. With more women at work and more men at home it is not surprising that the numbers in the courts are following suit. Regardless of the numbers, what is important for everyone to remember is that there is a choice, and fathers do have rights.
Father's rights are an important issue these days. While many people presume the courts favor mothers in child custody disputes, the fact is that statutes are gender neutral. If a father is serious about pursing child custody, or feels that the courts have treated them unfairly, it is possible to seek modifications of custody orders after the fact. But, in the best-case scenario, these issues are addressed correctly the first time around.
Source: KBTX, "Study: More Single Fathers Fighting for Custody," David Norris, Nov. 12, 2013
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