The question of what parent has the likelihood of getting custody is an ever changing one. At one time, there was a policy of guaranteeing that the mother always got custody, known as the “tender years” belief, in which presumed that younger children should be with their mothers in their early, developmental years. But nowadays, the courts and lawmakers have come to the realization that the mother is not always best suited to provide safe and healthy surroundings for children.
Now, courts ask which parent is more likely to offer safe and stable surroundings for the case. To find out which parent is most likely to offer what is in the child best interest, the court will inquire about:
What parent is more financially and physically capable of providing for a child’s basics, like food, medical care, shelter, and clothing?
What is the physical and mental health background of each of the parents?
What is the child’s age, what is the condition of the child’s physical and/or mental health, and (when older) will the child prefer one parent over the other?
What do the parents do for work? What are their personal habits, equally good and bad (such as cleanliness, health, alcohol consumption, violent history)?
Does the child have an especially strong emotional bond with one of their parents? How likely is that parent to encourage an emotional bond among the child and their other parent?
Is the child going to have to adjust to a new school, city, standard of living, and friends when residing with one parent as opposed to the other?
What are the desires of each parent?
Has one of the parents brought false or malevolent charges of child abuse against the other? Did one of the parents walk out and desert the children? Is the demand for custody about laying into at the other parent or genuinely attempting to spend time with the child?
Following the asking of these kinds of questions, the court will choose which of parents should be given principal custody and the amount of visitation that is suitable. As demonstrated, the questions are gender impartial, so no preference is granted under the law to either of the parents.
However, it would be naïve to presume that no biases still are present in the eyes of judges. consequently, whereas the law might not support custody and visitation establishments based on gender, courts will, occasionally, base determinations on their own preconceived notion that mothers are better at nurturing than fathers are. However, fathers have every right to request, and challenge for, full custody of the children. Therefore, today’s trend is to grant limited custody to each of the parents, in which the child spends a portion of the week with one parent and the rest with the other parent. These types of arrangements works best when the parents live close to each other geographically, but in sometimes, it might be possible to share custody by permitting the children to spend large chunks of time at one parent’s house (such as summer and winter breaks), and the remainder of the year with the other parent.
When you are trying to acquire custody of your children, you need to get in contact with a local attorney to help you with the process. Not only is the attorney able to stop you from running into legal challenges that could impact your custody request (such as denying to allow the other parent to visit the children), but they can also direct you through the process and give you the greatest possible case for custody.
Who is More Likely to Get Custody a Mother or a Father. Retrieved February 01, 2021, from https://www.hg.org/legal-articles/who-is-more-likely-to-get-custody-a-mother-or-a-father-31386
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