Is A Mother More Like To Get Custody?

Law Blog

During a divorce when children are involved, the discussion of custody is one that has to happen. It seems like fathers get the raw end of the deal. Mothers will usually be awarded custody in a court of law. Is this really the case? It's time to look at the truth and how judges award custody.

Courts Will Look at Current Parental Situations

Judges need to consider the current conditions and circumstances around the child. In the majority of cases, men will work and the women will remain home. This is the way society has viewed the norm for parents with children. As two working parents in a household is now normal, women do almost double the childcare as fathers.

In fact, one report shows that women still do the most childcare. That parents who spend more time with their child develop a stronger bond. This helps a child grow and develop better. For this reason, the judge is going to take into account who spends more time with the child because giving custody to this parental figure is likely to be in the best interest of the child.

Judges Consider Current Health

The physical and mental health of both parents will also be considered. Judges focus on the wellbeing of the child, wanting the best chance for him or her. If the father has problems with his physical health but there is nothing wrong with the mother, then the judge is likely to assume that the mother can do more and award custody because of that. You can reverse that if there is something wrong with the mother's health.

The judge will also consider abuse or any claims of violence from either parent. Current relationships will also be considered to ensure the child is always put first.

Considering Who Can Do More Care

It is not just about who did more care in the past or who has good health. The courts will also look at current employment, lifestyle, and ability to care for the child. If the father is more likely to be able to provide the clothes, medication, and safe place to live, it is possible that the courts will decide that he is better for the child in a custodial role.

If both parents are viewed equally, they may be awarded joint custody. This means arrangements need to be set to allow the child to be present in both lives.

It used to be the case that the mother would more likely be awarded custody, but that is changing. More states are ruling against what was once norm, and looking at all the details of both mother and father. Courts want the best for the child, and that isn't necessarily going to mean being with the mom.

For more on fathers' rights, click the link or do an online search. 


2 August 2016