January 16, 2010
/24-7PressRelease/ --
Dads Gaining Child Custody More Often
Article provided by Short Law Firm, PC
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www.shortlawfirm.com
It used to be a matter of course that mothers were given preference in child custody cases. For decades, the Tender Years Doctrine informed the court system that, in cases involving younger children, the mother should have primary custody. While most states discarded the doctrine in the early 90s, the presumption in favor of mothers persisted in many custody battles.
In recent years, however, this has been changing. More and more, when it comes to child custody contests, it is the father who retains primary custody of the children. In fact, some estimates put the number of fathers receiving primary custody at around 50 percent.
Why the shift in custody battles?
At the most basic level, this seems to be the result of a breakdown in stereotyped gender roles. Traditionally, it was the man who served as primary breadwinner and, in custody battles, it was the man who paid out child support and alimony while women were charged with raising the children.
Women were viewed as the nurturing side of the relationship. It seemed obvious that mothers could better serve the children's emotional needs and provide comfort in a divided household.
That's how it used to be.
Presently, a growing number of families have stay-at-home dads and mothers who fill the role of primary earner and household provider. And, as the number of domestic dads has increased, so has the legal system's willingness to award fathers child custody.
While shifting gender roles are surely a major player in custody battles, the current economic downturn has also provided a boost to fathers seeking custody. According to statistics offered in Working Mother Magazine, by the middle of 2009, nearly 75 percent of job loss was among men.
Forced out of work, many fathers found themselves in the role of primary caregiver; when divorce occurred, they were in a better position to argue their role in childrearing.
Turnaround is fair play?
While some have argued that this shift in custody decisions punishes successful women, many seem to think that it is evidence of a system that is finally evening out. Indeed, for years, women were given the benefit of the doubt in child custody cases. Now, the court is treating mothers and fathers more equally.
Fair or not, the trend appears to be one that will continue. The number of women in the workforce is increasing and, with the recession still affecting many, a large number of men remain out of work.
Article provided by Short Law Firm, PC
Visit us at
www.shortlawfirm.com---
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