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Does a parent’s gender affect chances of winning custody?

On Behalf of | Jun 29, 2019 | Child Custody

There are many different million-dollar questions that family law attorneys in Riverside often hear. Something they’re often asked is how a parent’s gender impacts their chances of winning custody of their child. Although they haven’t always done so, most California judges now consider what’s in the best interest of a minor when making such decisions. This may mean that a mom is awarded custody in one situation whereas a father is selected in another.

In the not-so-distant past, judges tended to believe that children, especially those under 5 years of age would be best taken care of by their mothers. Most states have done away with procedures that used to encourage their judges to do this though. In most, they’re taught to assess what’s in the best interest of the child instead.

This shift in how custody is awarded stems from increased research having been done on child development. In recent years, researchers have determined that children can benefit from spending equal amounts of time with both parents.

The number of women in the workforce is beginning to approximate that of men. Mothers are no longer able to argue that they should be awarded custody because they’ll be able to spend more time with their kids. If both parents work full-time, then neither one may have a better schedule than the other. In situations like this, it makes it easier for a judge to simply award joint custody.

While joint custody is ideal in some cases, it’s not in others. This is especially the case if a parent has a history of adverse behaviors. An attorney can go over the many factors that may affect the choices a judge makes in your own case.