Can a father claim custody of a child?

This is not a question that can be answered with one answer. Before you can claim custody of a child, you will have to go through the process of establishing that you are the father. It’s not a simple matter. Establishing paternity can be done in two ways: signing the birth certificate of the child which immediately acknowledges you as the father and establishes paternity, or having a genetic test done to establish whether the child is yours, or not yours. A paternity test can be done either through in-home collection or through Chain of Custody collections which are performed if the paternity test results are to be used for legal purposes, such as claiming child support, Social Security, or inheritance benefits.

An unmarried single parent might also want proof that the man is the biological father, in which case genetic testing will be done to prove that the man is the biological father of the child, or there is a greater than 99% likelihood that the man is the father of the child. Once paternity is established, you can proceed with a claim for custody. Your case will end up in court where you will be embroiled in a custody battle, after which a decision will be made based on the best interests of the child. For a father to try and claim custody of a child is an uphill battle as the courts will work strictly for the benefit of the child, A family law lawyer for the father will be helpful, but the father would have to really prove and convince the court that the mother is an unfit mother.

A list of what the courts use to analyze the best interests of the child

1. The love, affection, and other emotional ties existing between the parents and the child.


2. The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and rearing of the child in his or her religion or creed, if any.


3. The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care.


4. The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.


5. The permanence of the existing or proposed home or homes.


6. The moral fitness of the parties involved.


7. The mental and physical health of the parties involved.


8. The home, school, and community record of the child.


9. The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.


10. The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent of the child.


11. Domestic violence, regardless of whether the violence was directed against or witnessed by the child.


12. Any other factor considered by the court to be relevant to the particular family.