The Percentage of Fathers Winning Custody Battles (2023)

One big consideration when it comes to parental separation is who gets to be with the children.

Especially when the breakup is messy, you can’t just rub the ick off your back in a glance. 

If you are here to know the percentage of fathers winning custody battles, we will give you a detailed insight into what it is like for different countries.

The Percentage of Fathers Winning Custody Battles

In the United States, the percentage of fathers winning custody battles is 18.3%.

There are 3.3 million fathers with full custody of their children. 

The percentage is much lower for other countries like Canada, where the win rate for sole custody is only 6.6%. 

90% of the time, separated parents agree on custody without legal underpinning.

But since legal custody is different from physical custody, many still take it to judicial ruling for a final decision.

As of this writing, the United States has nearly 13 million custodial parents, which is equivalent to 4% of the continent’s entire workforce.

Custody Time

For shared custody, fathers and mothers can spend time at equal lengths with their children.

This means one parent spends half a year with their child or children, and the other gets the remaining half. 

On the other hand, the weekends-only schedule is still on the rounds.

In some states like Tennessee, Mississippi, Georgia, and Washington, the father is at a significantly “disadvantaged” point when it comes to the amount of time spent with children. 

After a legal separation, the father only gets 21.8% of the child’s custody time in Tennessee compared to the mother’s 78.2%.

The same disproportion applies to Mississippi, although to a lesser extent.

The father gets 23% of the custody time, leaving the mother with a bigger share. 

Moreover, fathers in Texas get 120.5 days with their children, while mother gets 245 days. 

Custody and Employment

The percentage of fathers that win custody battles is obviously lower than their female counterparts.

In the US, 25 states considered promoting joint custody after a divorce to bridge this disproportion. Sadly, many of these did not pass. 

Despite this, research shows custodial fathers have a higher year-round employment percentage compared to custodial mothers.

The former has an all-year employment rate of nearly 75%, while the latter is 51.4%. 

How Can Fathers Win Custody?

Couples agree to give the mother full custody of the children most of the time.

On the other hand, many fathers want to get legal guardianship, especially when they see that the other party is unfit to fill in the role. 

If you find yourself in this situation, here are insightful tips on how you can increase the chance of winning a custody battle.

1. Evidence of Neglect

Research shows that fathers get a higher chance of winning legal custody if they can prove that the mother cannot effectively carry out her responsibilities.

Among the grounds include children not being taken care of is due to mental illness, unemployment, and unwillingness to keep civil contact with the father.

2. Have a Good Relationship with Your Children

Legal proceedings include the judge asking questions to determine one’s level of familiarity with your child.

This means that you should familiarize yourself with basic personal information such as their age, birthday, grade level, and hobbies. 

To get this straight, this information alone shows the parent-child connection, which is a critical factor in gauging your determination to care for your child.

3. Financial Preparedness

As a parent leveraging your case, financial preparedness is another critical point in winning custody.

Do you have a space in your home for your child? If your child is a toddler, do you have the means to childproof your home? Can you provide for their necessities?

Can you finance their schooling? Matters like these have a significant impact on judges’ decisions.

4. Sort Yourself

Everybody likes a nice guy, judges in a courtroom. You have to maintain a well, mannered demeanor, the moment you put yourself out there.

Your behavior says so much about your character.

And in case you failed to win full custody, decision-makers are more likely to extend generous sanctions to you, such as giving you more custody time, if they see that you are suited to care for your child.

A Father’s Role in a Child’s Happiness

70% of participants in a parental custody survey claim that a father’s presence is essential in a child’s overall well-being. 

In turn, 98% of male parents agree that despite the cost of caring for their young, the sense of fulfillment discounts the financial consideration. 

Meanwhile, take a look at this data detailing activities related to resident and non-resident dads, which the former describes fathers that live with their children, full-time or part-time. 

Resident Fathers

• 93% of fathers under this category ask their children how their day went several times in a month
• 94% of fathers under this category have a meal with their children several times in a month
• 63% of fathers under this category help their children with homework several times in a month
• 54% of fathers under this category take their children to and from activities several times in a month

Non-resident fathers

• Only 31% of fathers under this category ask their children how their day went 
• Only 16% of fathers under this category have a meal with their children
• Only 10% of fathers under this category help their children with homework
• Only 11% of fathers under this category take their children to and from activities

Conclusion

The percentage of fathers who win custody is significantly lower compared to mothers.

Nevertheless, there are effective ways to win your chances of winning by showing you are fit to play the role of a solo provider, caregiver, and protector. 

Cases like these are messy and costly. It will be more economical if you can sort it out with your partner before seeking legal help.

But in situations where the welfare of the children is involved, always choose to mediate before a judge. 

Sources