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Why the mother doesn’t always have the advantage in a custody case

On Behalf of | May 24, 2022 | blog, Family Law

There is a misconception that mothers always have the advantage in custody cases, perhaps due to the historical notion that women are often the primary caregivers in a marriage. However, this perceived advantage is not present in the modern court system.

When determining child custody after a divorce, a judge will rule based on the child’s best interests. To that end, mothers and fathers receive even consideration based on a few key factors.

Living situation

The court carefully considers which parent can provide a lifestyle with which the child is familiar. The parent who stays in the family home or who lives closer to the child’s school likely has an advantage. There is also a matter of income, as one parent might be less financially capable of caring for the child.

Parents’ relationships with each other

If one parent is more amicable and cooperative when it comes to dividing caretaking responsibilities, the court may view that individual as a better guardian. On the other hand, the court will not favor a parent who casts insults or tries to alienate the child from the other parent.

Parents’ relationships with the child

Ultimately, the way each parent interacts directly with the child is of the utmost importance. It should go without saying that a judge will not tolerate any history of abuse toward a minor.

As time goes on, gender plays less of a role in determining custody of a child. Fathers are every bit as capable of providing affection and financial stability as mothers are.

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