When parents divorce, custody is bound to be a big issue. In some cases, the parents decide on custody themselves rather than having the family court judge make a ruling. However, custody can be a hot-button issue when the parents cannot agree on things. Read on and find out how the gender of a parent can affect child custody.
Laws Have Changed
Originally, child custody would almost always go to the mother when the issue arose. Only in cases in which the mother was ill, incapacitated, incarcerated, or otherwise unable to properly parent a child would custody be given to a father. This way of doing things was based on the "tender years doctrine," which held that children under a certain age should always be placed with the mother rather than the father. Now things have changed—at least, as far as the law goes.
Still a Bias?
Even now, when states have held that custody decisions should only be based on what is best for the child, there seems to be a bias against custody for fathers. However, what appears to be a bias might not necessarily be that way. Rather, the factors that go into child custody decisions often favor the mother because of the nature of the factors. It might help to explore those factors in more detail.
Factors Affecting Child Custody
Who is the primary caregiver? Even if more women are working out of the home, women often are the ones who remain home to care for children, especially young children. Childcare can be very expensive, and some families make the decision that it's financially less expensive for the mother to stay home. That leaves the mother as the primary caregiver much of the time.
It's also worth noting that even when both parents work, the mother may be the one who spends the most time performing caregiving duties for the child. They may be the ones who bathe the children, feed them, put them to bed, take time off work to take them to the doctor, and more.
However, if the father does participate at least 50% of the time in child-rearing activities, they should be prepared to show that. Lawyers suggest that the father keep a journal of the things they do with their children on a daily basis so as to show that they deserve as much a chance as the mother. Then, you have those fathers who do more than 50% and do most of the caregiving of the child. Speak to your divorce lawyer to find out more.
Share25 May 2022
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