For example, a non-custodial parent needs to file a lawsuit against the custodial parent who does not follow the visitation rules ordered by the court. However, in other states, the non-custodial parent may be allowed to have a warrant served for the custodial parent. Thus, it is important to be familiar with the laws that apply to your situation. Since then, the number of fathers gaining custody of their children has grown. If you have recently divorced your wife, then you need to know and understand your custody rights as a father. Various states have different rules and guidelines involving custody rights for fathers. Some states require fathers to seek custody of their children while applying for divorce. Now, if the court asks you why you deserve the custody of your children, you can confidently tell the judge that as a parent, you always make sure that your schedule works. Prove why the other parent should not have custody of your children. Keep track if your ex-spouse is involved with your children and is flexible and on time with the schedule. This applies to couples who are separated, divorced, or never married. How is physical custody different from legal custody? Physical custody means the child would spend time living with that parent on a regular basis. If it is a joint physical custody , the child shuttles between each parent s homes. Physical Custody If you have physical custody over your child, you have the right to have your child physically live with you. In some states, joint physical custody of a child is allowed. In that case, you and your ex-spouse have equal amounts of time for custody of your child. Physical custody is a good option since it allows you and your ex-spouse to spend a maximum amount of time with your child. Nobody can blame the parents who have loss custody of their kids if they will feel bitter, angry, depressed and anxious upon learning that after the painful process of fighting for child custody, all your efforts will be thrown at the window. However, no matter how painful the experience must be, you cannot give up.