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Do Mothers Have more Rights to Child Custody than Fathers?

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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?

No, gender is not a determining factor in custody laws. Parents’ roles can vary, and decisions prioritize the child’s best interest. For young children, especially those breastfeeding, overnights may favor the parent handling nighttime feedings. However, this decision hinges on the child’s needs, not gender. If a father manages nighttime feedings with formula, overnights may not be restricted. Judges decide based on the child’s best interest, considering specific circumstances and facts regarding custody arrangements.

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.

Source:

  1. Lina Guillen, A. (2021, February 24). Do mothers have more rights to child custody than fathers? www.divorcenet.com. Retrieved March 17, 2022, from https://www.divorcenet.com/resources/child-custody/custody-during-divorce/do-mothers-have-more-rights-child-custody-fathers

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