Custody Cases No Longer an Easy Win for Mom

Many of the custody cases that went through the court system in seventies and eighties were mere formalities.  While fathers were given equal opportunity to defend their eligibility as a custodial parent, the general perception was that the mother provided the most nurturing environment for the child.  This made it the mother’s case to lose, which only occurred if she was found to be incompetent in her parenting responsibilities. 

Much has changed since the years of these biased court decisions.  The legal world has come to understand that a father plays a much stronger role in the development of the child than previously accounted for.  In fact, some studies have shown that a strong male figure in the household correlates with lower instances of risk behavior in youths.  By recognizing the importance of the father during the custody case, the courts have changed the outcome of many cases that would have defaulted to the mother winning custody.

Although the hearing process has become more balanced over time, fathers can still face an uphill battle in instances where the both parents offer similar benefits.  The modern household features two working parents who balance the responsibilities of paying the bills and monitoring the children.  In cases like these the mother would hold an advantage as societal influences typically lean in the mothers favor.  This brings back some of the gender prejudices found in early custody judgments, but they generally only apply when the separating factors are too close to differentiate.

The most common standards that apply to custody cases deal almost exclusively with the perception of the child’s welfare.  Surprisingly however, they have very little to do with finances.  This aspect is handled through the child support system, meaning that the parent with the highest income would be expected to supplement more of the costs associated with raising the kids.  This obviously has no effect on which parent they live with.  What does come into play is the safety of the primary residence, the career obligations of the custodial parent, and any inconveniences a child might encounter such as changing schools or homes.  These factors are often the ones that matter most in the decision process.

The bottom line is that both parents now have equal opportunity to win custody of their children if they can prove their situation best meets the needs of their development.  While mothers may have an inherit advantage in the closest cases, fathers who approach the proceedings with adequate evidence in their favor can certainly win a judgment.  The court system has turned their focus on custody cases to the well being of the child, opening the doors for a more balanced debate for either parent – regardless of gender.