Statistics have always revealed that women are usually awarded child custody in more than 90% of divorce cases. Though the law of mothers being better parents is no longer valid, yet the best interests of the child often command that the child is left with the mom. Once there was an assumption that children always need to stay with their mother even if both the parents get separated through a divorce. However, most states, these days, don’t honor this assumption anymore.
In spite of this change in trend, moms are more prone to receiving custody of their child after a divorce. While this may seem like a biased decision against men in most child custody cases, let’s dig deeper into why this keeps happening, from a legal point of view.
Mothers have a bigger chance of getting child custody – Why?
Basically, the reasons behind why women gain custody of their child in a divorce vary from one case to the other. Nevertheless, it is also true at the same time that most courts in the states of the US are biased towards women when awarding child custody.
Culture plays a potent role in deciding child custody. From a historical and cultural point of view, women have always been deemed to be superior parents based on the fact that young children, especially infants wouldn’t be able to survive without a mother as men can’t breastfeed babies.
Who is called the primary caregiver of a child?
One of the primary factors of deciding custody of a child is checking which parent has been the main caregiver of the kid. While there are few states that use ‘primary caregiver’, there are others that refer to a parent who has been able to meet the requirements of the child. That parent should be willing to take on all sorts of parental responsibilities.
Irrespective of the terms used, a primary caregiver is a parent who has always been competent for meeting the daily needs of the child, like bathing, feeding, waking and putting her to bed, organizing child care, making doctor appointments, and so on. While there are many stay-at-home dads who have taken on maximum responsibility for their child, it is still the women who are awarded child custody.
How is the bond between the parent and the child?
One more factor that the courts take into account during custody determination is the bond between the child and the parent. If it is a young child, it is more likely that the bond will be better shared with the mother than with the father. Since the mother is typically the one who feeds the child right from birth throughout her toddler days, the closeness shared is always stronger.
Mothers are also more likely to take days off from their work and attend to the needs of their children. This is why most young children look forward to their moms whenever they need basic emotional support.
So, for the dads, the more you are involved with your kids, the better will be the bond that you share. If you wish to have joint custody, learn how to offer support to your child.
Should you get legal help?
Are you a father who is trying to get joint custody or primary custody of your child after a divorce? If yes, you may seek legal professional help from reputable firms like Broder Orland Murray & DeMattie LLC. The lawyer will explain to you all the factors that the court might take into account while deciding the custody. He’ll also know how your judge and the court decide such issues in a divorce proceeding.
So, if you’re a father who is going through a divorce and you are scared that the court will follow stereotypes while awarding child custody rights, seek the help of an experienced lawyer for the best assistance.
