Can a Father Get Custody of a Newborn?
The birth of a new baby is an exciting and joyful time for both parents, regardless of gender. Traditionally, mothers received more custody rights when it comes to newborns, and in some cases, may be awarded legal and physical custody of an infant. But, can a father get custody of a newborn?
Father’s Rights
In some cases, fathers do have the right to file for custody of their baby and may even be given custody of the child. Laws regarding fathers’ rights will vary from one state to another, and in some states, would depend on factors such as the length of time the father spent with the mother prior to the birth.
Custody Factors
There are certain factors that may play a role in a court’s decision regarding custody. A few of these factors include:
- Parental responsibility: The court will look at how involved each parent was in caring for the child prior to the birth.
- Strength of bond: The court will look at the bond between the father and the baby, as well as the bond between the mother and the baby.
- Stability: The court will look at both parents’ living arrangements to determine who is better suited to provide a stable home environment for the child.
Custody Agreement
The court may also decide to award joint custody to both parents. This means that both mother and father would share responsibility for the child and would both have equal rights to visitation and decision making. Both parents must come up with a custody agreement that clearly states their rights and responsibilities.
In some cases, fathers will be granted sole custody of a newborn. This means that the father will be the primary custodial parent responsible for the child’s care, while the mother will have limited visitation rights.
Bottom Line
Although it’s typically more difficult for fathers to obtain custody of a newborn, it is possible. Every situation is different, and the court will always consider the best interests of the child when making a decision. If you’re a father looking to get custody of your newborn, the best thing to do is to consult with a family law attorney who can help you navigate the process and better understand your rights.