Are Mothers Favored in Child Custody Decisions?

Child custody is a sensitive issue, which is why there are some important guidelines that family law judges are required to follow when making a child custody decision. Many people, in particular fathers, have questions about whether or not mothers are favored in the child custody process and decisions. While there is a stereotype suggesting that custody typically goes to the mother, the question deserves some closer examination.

Are Mothers Favored in Child Custody Decisions?

Whether or not mothers are favored in child custody decisions can be somewhat complex. There are a couple of ways to consider the issue. The first is to recognize that California judges are not supposed to take the sex or gender of the parent into consideration when making a custody decision.

Strictly speaking, the mother should not be favored in custody decisions on the basis of their gender. However, in many situations, the mother may have some advantages with regard to a custody decision. This is not by virtue of her sex or gender but by virtue of her relationship with the other criteria involved in determining child custody.

In most cases, custody will be shared, meaning that both parents can spend time with or make decisions about their child. However, sole custody may be awarded in circumstances if one parent is considered unfit to parent.

How Is Child Custody Determined?

A child custody decision must be made according to what a judge believes to be in the child’s best interests. A judge will consider a variety of factors when making this kind of decision. With some of these factors, a mother could have an advantage, depending on how parenting was handled prior to the separation. However, it’s important to realize that the same factors could be an advantage for the father in a custody battle if the pre-separation dynamics were reversed.

For instance, one factor that a judge will likely consider is the relationship that the child had with each parent prior to the separation. If a mother didn’t work a job away from the home or worked part-time, and the father worked full-time, a judge may lean toward more custody for the mother because it would provide the child with greater continuity. However, if the roles were reversed, then the same would hold true for the father.

Another similar issue that could lean in a mother’s favor is the kind of home that can be provided. If a particular mother were more of a caretaker and homemaker, while the father had a job that took more time and focus, that could cause a judge to lean toward the mother’s custody being in the child’s best interest.

What this means, then, is that while no decision should be made by the judge on the basis of sex or gender, from a practical perspective, a mother could be favored in a custody decision. However, fathers in the same circumstances could be favored.

FAQs

Q: What if a Parent Refuses to Allow the Other Parent Their Rightful Time With the Child?

A: If the parent with primary custody of the child refuses to allow the other parent their rightful time with the child, it can trigger a number of potential issues. In some cases, the parent can be held in contempt of court. Withholding the rightful time from the other parent could also be grounds to modify custody orders. In some cases, it could even lead to a total loss of custody. If you’ve had your time with your child withheld by the other parent, it’s important to contact a lawyer to understand your options.

Q: Can a Child Custody Order Be Modified?

A: A child custody order can be modified under certain qualifications. It is possible to petition the court for modifications. If the court feels that they may be warranted, there will be a hearing scheduled, after which the judge will decide if and how they desire to adjust the orders.

However, modifications will only be considered if there has been some substantial change that is considered to warrant the changes. The changes will have to have had an impact that makes the prior custody orders no longer serve the child’s best interests.

Q: What Does a Child Custody Lawyer Do?

A: A child custody lawyer performs a number of different roles and functions in service of their client’s interests. They can evaluate the situation and help you determine what options you have related to child custody. They also may be able to provide advice based on their experience and understanding of the law. Your lawyer will also be able to help with the paperwork that may be related to a child custody issue and make your case before the court.

Q: Can a Child Decide What Parent They Want to Live With?

A: A child can’t decide which parent they want to live with. A judge will still need to consider the situation and decide what is in a child’s best interests. However, this does not mean that the wishes of the child may not have some influence on the final decision. If they are considered to be mature enough, a judge may consider a child’s desires when making a custody decision. In some cases, they may even give those desires quite a bit of weight with regard to their final decision.

We Can Help With Your Child Custody Concerns

For most parents, nothing is more important than their children. That’s what makes child custody one of the most complicated issues in family law. When you’re faced with a child custody issue, you need a lawyer who understands not only the law but also what you’re going through. You need someone sensitive to the stress and tension involved.

We at Bickford Blado & Botros have represented clients with a wide array of child custody concerns. When our clients work with us, they can count on a dedicated team with a strong understanding of the law on their side. We take care to understand just how important these matters are to our clients. To hear how we may be able to help with your child custody concerns, contact us today.

Feel Free to Contact Our Office with Any Questions

858-793-8884