WHO IS MORE LIKELY TO BE AWARDED CUSTODY OF CHILD, MOTHERS OR FATHERS?

Although it has not always been so, today’s courts will generally award custody to whichever parent would be in the best interests of the child. However, in the past, custody of young children (typically under five years old) normally went to the mother of the child if the parents divorced. This rule has been phased out in almost every state. Instead, judges must decide on the merits of the case which parent having custody would be in the best interests of the child.

These days, both men and women commonly enter into the workforce full-time, meaning that the custody decision could be as simple as who has been the child’s primary caretaker, or which parent could spend the most time with the child, all other factors being equal.

For example, if a father works from home while the mother works a 60+ hour a week job as a corporate attorney, a judge may decide that the best interests of the child are to be with the parent that can spend the most time with the child, which would be the father in this example. Also, it’s important to note that fathers are just as willing and able to be parents as mothers, and they can present that argument in court.

Is custody always awarded to just one parent?

In short, no. It is very common for a court to award partial custody to both parents, otherwise known as joint custody or shared custody. This type of custody arrangement normally falls into one of three forms.

First, joint physical custody is where a court orders a child to spend a substantial amount of time with both parents during the course of the year, potentially spending 50 % of the time with each parent. Second, joint legal custody is where, although one parent may have full physical custody, both parents must agree on any decisions that impact the child, such as their education, medical care, and spiritual matters. Lastly, both joint physical and legal custody is a combination of the first two.

It is ultimately up to the court to decide whether any type of joint custody is in the best interests of a child. However, you, as a parent, have the right to argue for joint custody if you so wish it.

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