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Do Mothers Have an Advantage in Child Custody Proceedings?

It’s a common assumption that mothers have an inherent advantage over fathers when it comes to asserting child custody rights. This is because, statistically, more mothers receive full custody over their kids than fathers.

However, it’s important to understand that courts do not favor one gender over another in these proceedings. There are no laws in New York or the United States that give women more rights to child custody compared to men.

The history behind the common understanding

There are some simple historical reasons behind why women have tended to receive custody of their kids far more often than men. In the past, women were the primary care providers of children, while men were more likely to be providers by working outside of the home. In many circumstances, fathers did not even press the issue when it came time to determine custody, thinking they didn’t stand a chance of getting what they wanted.

As we all know, the dynamic between men and women is far different today than it was just a few decades ago. Most families in America these days feature both parents working outside the home and sharing parental responsibilities.

Ultimately, the sole deciding factor in child custody arrangements is what is in the best interests of the children. If the court decides to grant the mother custody instead of the father, it is because the court believes it would be in the best interests of the kids.

If you have further questions on how courts reach decisions on child custody matters, speak with an experienced divorce attorney at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP.