If the physical and mental stability of the father affects the emotional and psychological development of the child, mothers can file a petition for a transfer of custody. Custody rights of fathers Before the 70s, custody was often vested with the mothers following the tender years doctrine . The tender years doctrine presumed that children 13 years and under should be with the mother. As long as the child is at the right age to make an informed decision, the courts give substantial weight to the child s wishes regarding his or her custody. In many cases, the parent who wants to get custody of the child will raise an issue if the other parent is addicted to alcohol or drugs. A parent who has alcohol or drug problems usually get limited custody and visitation rights, so he or she cannot have full access to the child. Rules and guidelines involving temporary custody vary from state to state. Typically, a relative such as a grandparent or one of the parents seek temporary custody of a child. Temporary custody is granted once both parents have been informed and have been given the chance to respond to the petition. In addition, every state has specific requirements for temporary custody. Types Of Child Custody Once a divorce proceedings start to run, the ultimate question asked by everyone is: who will get primary child custody? Together with the legal arguments and other considerations in nullifying a marriage, there are other legal questions brought to the court. One of the most important, of course, is the decision on who will get primary custody of the children. If the parent is knowledgeable enough on the child custody battle, he or she would be able to understand the situation better and would be able to come up with strategies to ensure victory after the case. To be able to get as much information on child custody, you can consult a lawyer and ask him or her to explain the terms and conditions underlying any child custody case. You have to know the nature and your share of rights and obligations in terms of your child s upbringing. Doing so can be very challenging, so here are some tips to guide you through understanding the legal conditions that govern the custody of your child. Consult the Court of Jurisdiction To understand custody laws, you must consult first the court of jurisdiction.