Child Custody-Who gets custody more often, mothers or fathers?
Posted on August 24, 2008
Filed Under General | 1 Comment
In the past, most states provided that custody of children of "tender years” (about five and under), had to be awarded to the mother when parents divorced. This rule has been rejected in most states, or relegated to the role of tie-breaker if two fit parents request custody of their pre-school children. Only South Carolina and Tennessee continue to carry the Tender Years Doctrine in their statutes. Most states require their courts to determine custody on the basis of what's in the children's best interests without regard to the sex of the parent. Please re-read that last sentence, it says "most states require their courts to determine custody on the basis of what's in the children's best interests without regard to the sex of the parent." The old days of mothers always getting custody because of gender are gone.
As it turns out, most divorcing parents agree that the mother will have custody after a separation or divorce and that the father will exercise reasonable visitation. This sometimes happens because fathers presume that mothers will be awarded custody or because the mother is more tenacious in seeking custody. In still other situations, the parents agree that the mother has more time, a greater inclination or a better understanding of the children's daily needs.
If you want to win custody of your children there is no better resource than Winning Child Custody
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I am currently in the process of divorce and child custody, I have been keeping a journal of all the mothers wrong doings, ie.. using my daughter as a bartering tool to get things that she wants, material posessions, and even trying to sway me into doing things legally that my attourney has told me to avoid. I am a victim of adultery, my wife of 1.5 years cheated on me and is now bent on trying to prove me as an unfit parent even though I was the stay at home parent for 2 years. I even tried to reconsile the marriage but found out she had not only adultered twice but a 2nd time, this time being with a married man and causing a divorce herself. I also found a book she had rented from the local library called Divorce dirty secrets, she has beaten me to the punch on temporary custody and is now trying to talk me into setting down with a legal mediator to determine custody rights, as a caring parent the first 3 weeks of our seperation she did not allow me to see my daughter no contact and then at the end of week 3 started allowing me visitation 1hr a week... is there a way to reverse the temporary custody order? or a way to guarentee that my daughter lives with me.. I have her admitting to adultering the first time, and walked in on the 2nd, as well as her stating "What inscentive can you give me to make me want to give you more time with our daughter." her new boyfriend has already threatened me using a privacy block on his phone, and my daughter has already told me that she does not like the new man, stating to me that mommy told me to call him daddy kenny.... please help... I am desperate I am working on paying a really good attourney but, I am afraid that even with that she may be able to pull my daughter away from me.