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When would the father be considered the primary caretaker?

Gaining child custody has always been a hassle for fathers, as society often feels as though children belong with their mothers. Despite what society may believe, in some situations, the child may actually be better off being placed with the father rather than the mother. It will take some work on the father's part to make that happen, but it can be done. One thing the father can use to his advantage when trying to get custody of his child is the status of primary caretaker that he may have held during most of the marriage.

A father is considered the primary caretaker by the court if he performs the following duties for the child:

  • Feeding the child.
  • Bathing and clothing the child.
  • Assisting child with reading, writing and other learning activities.
  • Managing the child's health care needs.

Courts examine a number of factors to help determine which parent should be awarded custody of their child and who will only get visitation. With them sometimes looking at who the primary caretaker may have been during the marriage, if it was the father, it could work to his advantage because he has already demonstrated that he can properly care for the child. This may not be the deciding factor, but it can help the father win custody.

Any father who wishes to gain custody of his children should contact an attorney. Children deserve to have both parents present in their lives, so you should be there as much as possible. As a father, you have rights and if gaining custody, whether it be joint or sole, will allow you to have a relationship with your child, it is something you should consider.

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Law Office of Michael D. Tracton, P.C.

12920 Dairy Ashford Road
Suite 140
Sugar Land, TX 77478

Phone: 281-201-1481
Fax: 281-242-2325
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