Father’s Request for Child Custody in Contested Divorce: Factors and Considerations

Father’s Request for Child Custody in Contested Divorce: Exploring Motivations and Considerations


In contested divorces, child custody becomes a significant point of contention between parents. Fathers may choose to seek custody for various reasons, and it is essential to understand the motivations and potential implications involved. In this post, we will discuss the factors surrounding a father’s request for child custody and shed light on some of the common considerations within this context.

Motivations and Strategies:

a) Child Support Avoidance: In some cases, a father’s request for custody may be motivated by a desire to avoid or minimize child support payments. By seeking primary custody, the father aims to shift the financial responsibility onto the mother, potentially reducing his child support obligations.

b) Superior Financial Position: Another factor that can influence a father’s request for custody is a superior financial position. If the father is in a more advantageous financial situation than the mother, he may choose to engage in a legal battle that can strain the mother’s resources. This strategy attempts to make it financially challenging for the mother to pursue custody and hire legal representation.

Financial Considerations and Attorney’s Fees:

In contested divorces, either parent can request that the other party pay their attorney’s fees. This request is particularly relevant if there is a significant discrepancy in financial resources between the parents. The court may consider such requests based on factors such as income disparity, earning capacity, and financial circumstances. If the mother is facing financial hardship due to the father’s legal tactics, she can seek assistance with her legal costs.

Focus on Child’s Best Interests:

Despite the potential motivations and strategies at play, it is crucial to remember that the primary consideration in child custody cases is the best interests of the child. The court will evaluate several factors, including the child’s emotional and physical well-being, parental involvement, stability, and the ability of each parent to provide a nurturing environment. The focus remains on ensuring the child’s safety, happiness, and healthy development.


A father’s request for child custody in a contested divorce can stem from various motivations, including child support implications and a superior financial position. It is essential to understand the potential strategies involved while recognizing that the child’s best interests should be the overriding priority.