Do Mothers Have more Rights to Child Custody than Fathers?

Despite the fact that a lot of people assume that mothers have more child custody rights than fathers, quite frankly, US custody laws do not provide mothers with an upper hand in custody proceedings.

A lot of people believe that mothers have more child custody rights than fathers. Nevertheless, truth of the matter is there are no custody laws in the US provide mothers with a preference or further rights to custody of their children. When you are facing a divorce or have a child outside of marriage and are thinking about petitioning for custody of your child, it’s critical that are aware of your legal rights and obligations. Although this post may provide some answers, you should probably contact a knowledgeable family law attorney for assistance.

Why do many people think that mothers have more rights?

There are a several reasons that it is usually assumed the mother has the advantage in custody cases. Traditionally, it was thought of that the mother would get custody of the children in divorce cases because of the fact that in most situations, the mother was the primary caregiver or primary care provider for the children when the family was unbroken, whereas statistically, the father was the person that worked outside of the home and supported the family. Due to this, a lot of fathers thought that they would have no possibility of being allowed custody, and a lot never even challenged the issue.

Do custody laws include gender preferences?

Absolutely not. In today’s world, many mothers work outside the home and earn an income, whereas fathers stay home and work as the primary caregivers. There is not a gender preference specified in custody laws. With quite young children, like babies or infants, there may be a tendency to give primary custody to the one that is breastfeeding an infant throughout the night (which is also going to be the mother), with minimal to no overnights to the other parent until such time when the child no longer needs feedings during the night.

Nevertheless, this inclination has more to do with what’s in the child best interest (such as sleep routines and feeding schedules) than the parents’ genders. When, for instance, the father is responsible for nighttime feedings, when the child is drinking just formula through a bottle, then there might be no need to restrict overnights. Judges are going to make these types of decisions using a circumstantial analysis of the facts in regard to custody and is going to then determine what kind of arrangement is in the best interest of the child.

What do you need to do when you desire custody?

If you want to fight for custody of your children, you are going to need the help from a knowledgeable divorce attorney that is experienced in custody matters.


  1. Lina Guillen, A. (2021, February 24). Do mothers have more rights to child custody than fathers? Retrieved March 17, 2022, from

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