A father may feel the odds are stacked against them because women get custody more often. Here’s why women get custody more often than men.
There are no laws that state women are better suited to be parents and should get child custody over a father. However, the court considers several factors when determining custody, and more often than not, will decide a mother’s custody is in the child’s best interest.
Determining Custody
A court will determine custody in the child’s best interest. However, child custody laws vary by state, so each state might consider other key factors.
No custody laws exist claiming women are better parents than men. Some states have laws that say the opposite: there is no custody preference based on a parent’s gender. However, the child’s best interest often means the mom receives the custody rights.
Determining Best Interest
When a court determines the child’s best interest, the court will consider several factors.
Related: How to Get Full Child Custody Without Going to Court
One important factor is the primary caregiver for a child. The primary caregiver for a child is the parent who can care for the child in the future and has traditionally cared for the child in the past. This care includes but is not limited to, feeding, bathing, and playing with the child.
Courts will also consider the parent-child bond, which is the relationship between a child and parent. The parent-child bond is a significant reason women get custody more often than men. The mother-child bond can begin developing at birth through breastfeeding. Moms will often spend more time with their child from birth on because of breastfeeding, leading to a strong emotional bond a father cannot replicate.
The court will consider many other factors to determine the child’s best interest, including financial situations, each parent’s mental and physical health, and any threats of abuse.
Female Custody
Given these considerations, courts award custody to women more often than men. Although women may have advantages in areas like the parent-child bond, hidden biases that women are better parents than men may also affect custody outcomes. Traditional stereotypes indicating women are more nurturing and involved in a child’s life may also subconsciously affect certain custody decisions.
However, some parents reach mutual agreements about child custody without going to court. Even in these cases, parents often award child custody to the mother.
Related: Legal Custody vs. Physical Custody: The Difference
FAQs About Why women Get Custody More Often
What steps can I take as a divorcing father to try and get joint or primary custody?
A family lawyer may be helpful for a father trying to obtain joint or primary custody. Custody laws vary by state, and a lawyer may help a father navigate the challenging process and add a level of expertise a father may not have. About 60% of fathers will receive custody in contested cases, so it may be beneficial to remain persistent in a custody battle.
Related: 10 Questions to Ask a Child Custody Lawyer
My ex-wife has primary custody, but I want joint custody. Is there anything I can do?
Although custody laws vary by state, you may be able to modify a custody agreement in court if you have experienced a substantial change in circumstance or if you and your ex-wife agree to a modification. However, you cannot obtain a custody modification solely based on dissatisfaction with the current custody agreement.
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If you or a loved one would like to know more about why women get custody more often than men, get your free consultation with one of our family attorneys today!