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Do Courts Favor Mothers More than Fathers in Child Custody Cases?

Although there was once a presumption that young children should be primarily with their mother after a divorce, most states no longer abide by this assumption and have passed laws that prevent women from being given preference over men in child custody cases.

Some research has shown that when it comes to child custody decisions, mothers may be more likely to be awarded primary residential custody than fathers. While there has been an increase in equal residential custody decisions over the past decade, mothers may still be far more likely to be given primary residential care of their children.

There are many different factors that contribute to mothers being awarded custody more frequently than fathers. Fathers who aren’t married to the mother of their children face different challenges than fathers who are married. For example, a father who isn’t married to the mother of his child might have to establish paternity in order to claim custody and visitation time.

Another factor that tends to help women receive custody more often than men is that women tend to take on primary care-taking responsibilities more often than men while they are together. Since custody is awarded based on the best interest of the child, courts are hesitant to disrupt a child’s sense of security and stability. Custody will usually go to the parent who has been the primary caretaker of the children, statistically, this has been proven to be women.

If you are a father who is trying to receive custody of your kids, you should immediately contact our St. Louis child custody attorney to set up your free, in-person consultation today. We can review your case and find the legal strategy that suits your particular needs.