Obtaining sole custody for the father
Many people assume that the mother automatically receives full custody of the children, but that is not accurate. When discussing child custody, there is a distinction between physical custody and guardianship. Guardianship belongs to both parents: they care together for the child’s needs, wishes, and upbringing, decisions are made jointly, and guardianship remains shared even after a divorce. Physical custody is different. One of the parents can receive sole custody, and either the mother or the father may be awarded it, depending on their circumstances, conditions, and personal capabilities. The body that actually decides, and holds the final word, is the court.
Child custody for the father
Custody governs the legal and practical relationship between a parent and his children, including the parent’s right to make decisions about their needs and wishes. A father can also obtain sole custody when both parties reach a fair and just agreement, one that divides the child’s time between staying with the father and time spent with the mother. A father seeking custody must be involved in his children’s education, their activities, and their personal needs, and must take care of everything their schooling and personal development require.
Child custody
Parents living separately are parents who do not raise their children in a shared home: for example, divorced parents, parents in divorce proceedings, or parents who were never married to each other. In shared parenting, decisions about the children’s education, trips abroad together, place of residence, and health must be made jointly. When parents cannot make such decisions together, a judicial authority steps in and rules on these questions and on everything surrounding them.
Father’s custody
In paternal custody, everything turns on the best interests of the child. The Family Court or the Rabbinical Court are the only bodies that decide whether to grant sole custody to the father or leave the children with the mother, and the outcome depends on the father’s ability, capacity, and financial and behavioral stability toward his child. Sole custody for the father is not granted lightly: psychologists and other professionals examine every relevant parameter, and the child’s own wishes carry real weight. If the arrangement appears harmful to the child, paternal custody will not be granted. Many factors shape the decision, and together they determine whether the father receives sole custody or whether both parents share custody and exercise their rights.
* Updated for 2023
