What Are the Chances of a Father Getting Full Custody?

According to a recent study, the Australian authorities granted 48,700 divorces in 2023. This alarming figure also raises concerns over the process of child custody.

It is no secret that fathers don’t get the child’s sole custody as often as mothers do. There’s data to back this claim that 45% of court orders offer the sole parental responsibility to the mother. On the other hand, just 11% of these cases favour the father as the sole parental responsibility.

In this blog, we will take a closer look at different aspects of deciding the right parental responsibility. We will also understand how likely an Australian father is to get his child’s custody after a divorce. So, make sure you read this till the end to get more clarity on the matter.

Understanding What It Means To Have Full Custody of the Child?

Australian family law no longer relies on the usage of words like full custody or sole custody. Instead, sole parental responsibility is the word now in use, and this grants either parent the ability to decide different aspects of the child’s life. This does not require the parent with the authority to consult the other parent while making these decisions.

This certainly includes a wide range of decisions, such as the arrangements of the child’s welfare and care, and other important decisions related to health and education. It is also worth noting that these court orders do not necessarily exclude the other parent from the child’s life. Still, the primary authority will lie with the parent, who will be responsible for the sole parental responsibility.

Factors Affecting a Child’s Custody After a Divorce

Getting a child custody lawyer is not that difficult, but before that, you must be aware of the factors that affect these child custody cases. That said, some of the most important of these factors include:

The Child’s Best Interest: There is no confusion about whether the best interest of the child is the top priority for the court here. The bench will evaluate different factors like the child’s age, bonding with each parent, and the ability to provide. Another important consideration here is the history of abuse or violence in the family.

Caring Capacity: The next thing that comes into play here is the caring capacity of each parent. The court will hence evaluate each parent’s ability to care for the child physically and emotionally. Other important factors like financial stability, work commitment, living situation, and support network are also important considerations here.

History of Family Violence: It should not come as much of a surprise that a prior history of family violence is very important for the court. The court will examine both parents to determine if any of them has a history of family violence and abuse. This is important for prioritising the well-being and safety of the child in question here.

Willingness to Co-Parent: Co-parenting is always the best way to proceed when dealing with child custody disputes. This way, the child gets the best version of both parents without any unreasonable alienation. This is why the court will time and again ask both parents to reconsider and co-parent so that the child can have a normal upbringing.
Things Fathers Can Do to Enhance Their Chances of Getting Sole Parental Responsibility?

There is no question that the court will make the final call in these matters. However, there are certain things that fathers can do to enhance their chances of getting the child’s custody. Some of the most effective of these things include:

Stable Home: One of the best things that can help fathers in this mix is showing that they can provide the child with a stable home. A safe and comfortable home can make things much more manageable on this front and enhance the father’s odds.

Seeking a Proper Resolution: Another great thing that fathers can do here is to seek a proper resolution with their partner. This becomes even more important if the other parent is acting unreasonably.

Seek Legal Assistance: The final thing that fathers can do in these cases is get the best lawyer for separation agreements to help them. Proper legal counsel will help represent your interests more effectively and enhance your chances.

Conclusion

In conclusion, it is always possible for a father in Australia to get sole parental responsibility for their child. However, the reality can be a bit different from that, as courts do have a history of favouring the mother. This makes it important for fathers to take a well-informed approach and prove to the court that they are the right fit to care for their children.