While it remains a common belief that courts favor, or are even biased for, mothers in custody disputes, this is not the case. The belief stems from past practices and trends in court.

When divorce became more common in the 1970s, society, including the judges within it, assumed a gendered division of labor within households. Before women entered the workforce in large numbers, men were expected to be the providers. Women, on the other hand, were seen as not only the primary, but the “natural” caregivers to children. As such, custody agreements tended to favor women as they would, in the view of society, be better able to provide for the emotional and everyday needs of their children.

Times have changed though; in marriages, it is much more common for men and women to share childrearing responsibilities. Now, a majority of women work outside the home. Additionally, now that same-sex couples can receive the legal protections of marriage throughout the United States, the 1950s division of labor is even less relevant to custody decisions today.

Today, most judges will look at a variety of factors when assigning custody, with the goal of providing for the child or children’s best interest. For young children, this may include providing constancy and stability, perhaps with the primary caregiver. Other factors include the relative income of the parents and their personal histories.

Consult with our office today about how to best to gain custody of your children.