It’s an age-old question when it comes to divorce and child custody. Are courts more likely to favor mothers over fathers when it comes to child custody?

Changing Child Custody Trends

In the past, courts in many states ruled almost completely in favor of mothers when children were 5 and under and still required years of formative care. In many states, this rule of thumb has become outdated and if anything, will only serve as a tie-breaking factor if two parents are both fit to care for preschool-aged children.

Now, there isn’t a state in the US that requires child custody to be awarded to the mother automatically, and rulings are based on the fitness of each parent and what’s best for the children, without taking gender into account.

What Divorced Couples Usually Decide On

Courts aren’t always the cause for the disproportionate amount of mothers awarded with child custody. In fact, many parents going through a contested or uncontested divorce with children agree that the mother will be granted custody and the father will be granted visitation rights.

This tends to happen either because parents believe that the mother has more time to put into childcare and a better understanding of the children. It may also occur because fathers assume they won’t get custody over the mother.

How Can Fathers Get Physical Custody?

If you’re a father and you believe your children would be better with you, don’t let dated gender norms get in your way. If you’re more fit to take care of the children, or even if you’re just on par with the mother, you may have a solid case.

The judge will try to decide with the children’s best interests in mind, but proving your willingness and ability to parent and hiring a good child custody attorney can help convince a judge that you’re the best option. Child custody attorneys will know the best ways to go about building your case and selling it to a judge.

These issues make great questions to ask your divorce lawyer when you’re starting a divorce, so you know if the person you hire can also serve as your child custody attorney.
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