Do women have an advantage for child custody in a divorce? - Child Custody Law Questions and Answers- LawQA.com

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Do women have an advantage for child custody in a divorce?

I heard from a friend that women tend to have the advantage for child custody in a divorce. Is this true? I want to be prepared.

Michael Anthony Wing, P.C.
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The law says, "no," my experience says, "yes," particularly true, the younger the child. Stay well.

Answer Applies to: Alabama
Replied: 6/24/2011

Warner Center Law Offices of Donald F. Conviser
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Historically, women, seen as "nurturers of children",have had the upper hand in child custody matters, but in recent times, the Courts have recognized that fathers can be good parents too, and have been more liberal in awarding custodial rights to fathers. The specific facts of your relationship with your children and your spouse, and your spouse's relationship with your children and you, would bear on the Court's determination of custody.

Answer Applies to: California
Replied: 6/20/2011

Beresford Booth PLLC
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From a historical perspective this statement has held true.

Answer Applies to: Washington
Replied: 6/17/2011

Theodore W. Robinson, P.C.
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Yes, in my opinion, it usually is the case,but I have heard many, many tales of men getting the children regardless of that. Consult with a local matrimonial expert ASAP and be prepared.

Answer Applies to: New York
Replied: 6/16/2011

Cody and Gonillo, LLP
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There is no "tender years" doctrine in CT and by law neither has an advantage.

Answer Applies to: Connecticut
Replied: 6/15/2011

Answer By Richard Goolsby
Goolsby Law Office
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While many believe that, in the past, women tended to be favored in custody matters, many now believe that fathers, in a number of cases, can successfully obtain child custody, if the facts warrant it. We have been successful. You should discuss all the facts concerning why you would make a better custodial parent with your own divorce attorney. Good luck!

Answer Applies to: Georgia
Replied: 6/15/2011

Answer By John Kirchner
John E. Kirchner, Attorney at Law
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It is possible that, statistically, mothers have the advantage in custody cases. Not because they are women, however, but because the traditional differences in the parenting roles of men and women are vastly different. If the mother has been the primary caretaker while the father is off working and spending little time being a parent, it isn't difficult to decide where the children should continue to live after divorce. The child's best interest is the deciding issue. Many factors are considered in deciding best interests, but the basic premise is that it is not a one parent or the other argument. Both parents need to be involved in parenting and question is how that responsibility and privilege is to be shared

Answer Applies to: Colorado
Replied: 6/15/2011

Seattle Divorce Services
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Under Washington law there is no gender advantage. However, one of the factors the court looks at is which parent has been providing the majority of the care for the children, and because in our society that is more often the mother, there may be an assumption, absent evidence to the contrary, that the mother has been the primary care provider in a particular case.

Answer Applies to: Washington
Replied: 6/15/2011

Answer By Abel Fernandez
Diefer Law Group, P.C.
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Well, that was the old way of doing things. I do not believe that women are preferred even though there is still some of that going around. It is usually the primary parent that the court prefers. Now, that still tends to me the mother but not always.

Answer Applies to: California
Replied: 6/15/2011

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
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Absolutely not. The Golden Rule in Texas is "best interest of the child" nothing else matters and in fact the Texas Family Code specifically states that marital status, gender, etc. are not to be considered. Too often Dad's believe that women have an advantage and give up on custody too easy. The Court may not give custody to Mom just because she is Mom. So, if you love your kids and can provide a safe, stable, and loving home, go for custody. If you are filing in Dallas or Collin County, please give me a call, I have more information for you and would appreciate the opportunity to earn your business.

Answer Applies to: Texas
Replied: 6/15/2011

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