Most courts today will generally award custody to whichever parent would be in the best interests of the child, because the law no longer presumes mothers are better parents. However, the "best interests" of the child often dictate that children stay with the mother. Even though the courts say they do not discriminate against the father , custody for father's can still be difficult to win. Why do you personally believe that women win child custody more often than men in a divorce case?
Most Helpful Guy
You know, I went through this and for the most part, I blame the men that came before me. Even today, I know women who mated with some guy who wants nothing to do with his kids. And having kids, I know that it's the guy that's missing out. There are a lot of things involved here that are unfair, but a good part of it comes from historical male behavior. When I went through my divorce, I was given only one day per week with my girls and all through court, I kept hearing the phrase "traditional roles" and it made no sense to me. Yeah, I made a lot more than my wife did, but I also did all the cooking, all the grocery shopping, and all of the cleaning. I can't think of what "traditional roles" actually meant other than she had a vagina.
It reminds me of this African American woman who posted a question a couple months ago about her treatment at a restaurant by her waitress. At one point, she acknowledged that while she always tips well, African Americans often do not tip and that she could imagine that it's possibly see why the waitress might not have looked forward to serving her. I did believe that racism played the major role in her treatment, but I appreciated that she could step back, look at other factors, and consider how we're not all innocent here. Similarly, I feel I was greatly mistreated in family court and that I still am, but I feel I have to acknowledge the historical behavior of my brothers in chromosomes.
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Most Helpful Girl
I think it's because it's believed women have a natural bond with their children and a nurturing instinct. I know in many cases this isn't actually the truth and would think that the court should consider more the financial capability to care for children, the children's own opinions (if old enough to decide) and maybe even the fact that they wouldn't have to change schools and leave their friends. I don't actually know how these things are settled. My parent's are divorced, but they had joint custody, even though we lived with our dad, and he basically took care of us.