Under What Conditions may the Father be Assigned Child Custody in Divorce Proceedings?

Child Custody is the Most Contested Issue in Divorce Proceedings

Ideally, it would be best if the husband the wife can resolve the issues related to child custody amongst themselves via an agreement without having to go to court. However, in most cases, this is not possible because both the parents want the custody of the child, especially if there is only one child from their marriage.

There are times when people use a child as a mere weapon against their partner to let out their frustration and bitterness. People also tend to frame false allegations against their partner in order to get the custody of the child. This can create more issues in the child custody process.

In Most Divorce Cases, Child Custody is awarded to the Mother

While this may seem like an unfair advantage, it is true that in most divorce cases, it is the mother who walks away with the child. This trend has reversed only since the 1990s, prior to which, the fathers used to be the preferred choice for child custody in courts. However, with the financial and economic liberation of women, and women being more aware of their rights, it is the mother who is favoured in child custody cases especially if the child is very young. For the most part, courts attempt to analyse what is in the best interest of the child. Most of the time it is felt that since the mother will be able to devote more time to the child.

Therefore, mothers are favoured while deciding about the custody of the child. The courts, however, do attempt to maximise the child’s time with each parent but this can be a complicated process.

Can a Father Prevail in a Child Custody Dispute Over a Mother?

Yes, there are many instances where the father can and will be considered a better custodian of the child than the mother. It must be shown in the court that the best interest if the child will be served if the father has the custody of the child as opposed to the mother. Let us discuss the various scenarios wherein the custody of the child can be awarded to the father.

• If the Mother is Engaging in Drug Abuse


Drug abuse is an issue that is treated very seriously in the court. If the mother of the child is engaging in drug abuse, it can prove to be a serious direct threat to the child. Not only is there a risk of the child not being taken care of properly but also of the child engaging in drug abuse himself or herself as well.


• If the Mother is an Alcoholic


An alcoholic mother will not be able to take appropriate care of the child because she may need to undergo a treatment for the addiction herself. Therefore, it can be easily proved that the environment and the parent are not conducive for the child’s healthy mental and physical development.


• If the Mother is Irresponsible


Children need proper care, attention, and commitment. If the mother is irresponsible she will not be able to carry out the various duties and obligations that are necessary to raise a child. A child has special personal needs. In addition, a child will need constant help and support of his or her parents for academic purposes as well. An irresponsible parent will not be able understand or fulfil these needs.


• If the Mother Has Abandoned the Child


If the mother abandons the child, the custody of the child will be in the favour of the father.


• If the Mother Has a Medical Condition


Children have fragile minds and need to be raised in a healthy environment by stable individuals for their proper mental development. Therefore, if the mother has a mental condition such as emotional instability or insanity, she will not be able to provide a healthy atmosphere to the child, as she will need special care and attention to treat her condition. An unstable mental condition affecting the mother can be considered dangerous for the child as well.


• If the Mother Engages in Child Abuse


The court treats the issue of child abuse very seriously. If the mother engages in child abuse, it can have detrimental effects for the child’s mental and physical well being. Therefore, the custody of the child will be awarded to the father in such cases.


• If the Mother Has Spent Time in Jail

A parent having a criminal history will not be favoured in the court for the child’s custody. Children tend to have very impressionable minds and tend to look up to their parents as their role models. It could be extremely harmful for the child’s future to be with a mother having a criminal record. Her influence could inculcate criminal intentions in the mind of the child as well.