Do Judges Prefer Giving Child Custody to Mothers?

Do Judges Prefer Giving Child Custody to Mothers?

The politically correct answer is no.  The reality is, sometimes, possibly.

In the past, it was assumed that children should stay with their mother if the mother and father divorce.  In fact, some states had laws on the books that favored the mother getting custody.  And even without statutes giving preference to the mothers, it was an unspoken rule of thumb.  However, most states don’t adhere this unspoken rule anymore. Some jurisdictions even have even statutes stating that there shouldn’t be a custody preference that favors women over men.

The laws in your state may vary when it comes to the factors courts must consider to determine arrangements for child custody. However, according to current laws across the country, the judge awards custody based on the child’s best interests.

The reality is, in many instances, mothers may be more likely to fit this description. This is primarily based on the structure of the marriage of family, since more women stay at home with their children than men do, while the husband works. Of course, things are changing,and there are more fathers caring for children at home while the mother is working outside of the home.

If you’re a father going through a divorce, it’s vital to know which factors the courts will use to determine if you should be awarded custody. You’ll have to prove your value when it comes to those elements, whether you want visitation with your child, joint custody, or sole custody.

One of the key factors that comes into play when it comes to custody is which parent is the primary caregiver for the child. This is also referred to in some courts as the parent who is most qualified to meet the needs of the child.

In some families, these duties are shared by both parents. Some couples also decide that the father will stay at home with the children. However, even though more women are working full time these days, they still are more likely to be the primary caregiver for the children.

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The Benefits of Establishing Paternity

 

Why It’s Important to Legally Document Fatherhood

When a married couple has a child, both parents are presumed under the law to be the legal parents without any documentation to that effect from the court. However, when a child is born to two single people, the father must legally establish paternity before any rights and responsibilities can be given to him.

There are many other reasons for establishing paternity:

Child Support:  By establishing paternity, you can meet obligation of supporting your child and avoid a large amount of arrears accumulating.

Benefits:  Children are entitled to receive benefits from the government under certain circumstances. If the father was a veteran, the child may be able to receive disability and/or death benefits from Veteran’s Administration. Likewise, Social Security also pays benefits to minor children of deceased parents so it’s to the child’s financial benefit to have the biological father legally documented.

Inheritance:  Unless a child is specifically named in the will of his or her father, he or she cannot receive any inheritance if paternity has not been established. Paternity also enables the child to receive inheritances from other family members on the father’s side when the relative passes on without a will.

Adoption:  In order for a child to be adopted by a step-parent or other guardian, both biological parents must generally agree to the adoption. If paternity has not been established in court, the father will be unable to contest any actions for adoption.

In addition to legal issues, there are also some personal yet equally important reasons to establish paternity:

Things Can Change:  If relationships are strained now it doesn’t necessarily mean that things won’t change in the future. They can, and they frequently do. Establishing paternity leaves the door open for the child and the father to reconnect at a later time and possibly build a lasting relationship. Without establishing paternity, the child may never know who his or her biological father is.

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