The stand of family law regarding child custody is clear. When a marriage is being dissolved and married couples are getting separated, one of the challenges they usually encounter, when children are involved, is who gets the custody of the children. People are quick to conclude that mothers have more rights than fathers. However, nothing validates such a belief in family law.

Do Fathers Have The Same Rights As Mothers?

Asking whether fathers have the same rights as mothers when claiming child custody could have resulted from the fact that more mothers have been given child custody than fathers. However, this does not mean that mothers have more rights. The most ethical answer to this question is “Yes, fathers have the same right as mothers.”

There is no aspect of family law or custody laws that gives mothers additional rights to custody of their children than the fathers. When spouses are going through a divorce, it is crucial to understand the position of the law regarding child custody. The court does not give preference to mothers when it comes to child custody. However, the legal rights and responsibilities must be clearly understood by both parents which are why contacting a family law attorney will help.

Why Do Mothers Seem To Have More Rights Than Fathers?

One of the reasons why it seems as if mothers have more rights than fathers is that most fathers do not ask to be given custody of their children. And considering the bond existing between mothers and their children, mothers will automatically demand child custody and will be given when the affected fathers do not object. 

Another reason why mothers seem to have additional rights than fathers regarding child custody is the parents’ situations, such as work requirements, living conditions, travel and lots more. In this regard, the court will act in the best of the children by granting their custody to the parent that will have enough time for their care. 

Besides, since mothers are the primary caretakers or the main care providers for the children and fathers are the ones working to provide for the family, it is often considered that mothers should have more rights than fathers, that is why most fathers do not contest or demand child custody. 


No matter how you view it, the family law and custody laws do not give preference to mothers when talking about child custody – the court decides what is best for the children. As a result, it is a 50/50 situation for both parents when it comes to child custody: fathers have the same rights as mothers. 

Consequently, if you are a father underdoing a divorce procedure and desire to have custody of your children, hire an experienced family law attorney to help claim your rights.