What Factors Do Judges Consider When Deciding Custody for Fathers?
14 January 2026
IN: Child CustodyStatistics show that mothers are often more likely than fathers to receive child custody when parents separate or divorce. Remember, this does not reflect your abilities as a father. You have every right to pursue custody and provide a nurturing environment for your child.
Judges do not favor one parent based on gender. When deciding custody, the judge will consider various factors with the child’s well-being in mind. Courts apply the “best interests of the child” standard, carefully evaluating which arrangement best supports the child’s safety, stability, and development. Below are the main factors the court will consider in this supportive process.
Parent-Child Relationship
Judges evaluate the strength and quality of each parent’s relationship with the child. A consistent, positive bond can significantly influence custody decisions.
Ability to Provide Care
Courts assess each parent’s fitness to meet the child’s needs, including skills and stability.
Stability
Stability matters in custody cases. Judges often favor arrangements that keep the child in the same environment.
History of Parental Involvement
Judges look at each parent’s past involvement in the child’s life and routines.
Ability to Meet the Child’s Needs
Courts check if each parent provides the basics and emotional support. Judges favor parents who communicate and support the child’s relationship with the other parent.
History of Domestic Violence or Substance Abuse
Any domestic violence or substance abuse history is taken seriously, including evidence of rehabilitation.
History of Child Abuse or Neglect
Judges review any proven child abuse or neglect. This can lead to restricted parenting time.
Special Needs of the Child
If a child has special needs, courts assess each parent’s ability to meet those needs.
Geographic Proximity of the Parents
Courts consider how close the parents live and how it affects parenting time.
Availability
Courts review a parent’s schedule and flexibility to meet daily childcare needs.
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When deciding on child custody, courts consider the child’s best interests. It is not about what the parents want. The focus is on ensuring the child is healthy and safe.
Are you a father ready to provide a stable, loving environment for your child? We understand how important your role is in your child’s life and are here to support you through every step of the custody process. Schedule a consultation with a Tennessee child custody attorney from The Law Office of David L. Scott to discuss your options and receive dedicated guidance. Contact us via (615) 896-7656 or online here.