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Can a father file for child custody?

Yes. A father can ask for custody. In California, either parent can ask the court for an order to get or change custody and visitation. Until there is a court order, both parents have the same rights, and neither has more right to have the children in their care. If parents cannot agree on a parenting plan, a judge decides what is best for the child. Which forms you file depends on your situation, such as whether you were married to the other parent. Rules differ by place. In England and Wales, a parent can apply for a court order if they cannot agree on child arrangements after trying mediation.

When a lawyer helpsA lawyer can be worth hiring if the other parent disagrees with you, because a judge will then decide and the right forms depend on your situation.

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Last verified 2026-10-26.

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    General information, not legal adviceLegal Space Info provides general information, not legal advice. Reading this site does not create an attorney-client relationship. Laws vary by state and change often; consult a licensed attorney for advice about your situation.