Accessed April 28, 2020. I am not aware of any state in the United States with a law that expressly discriminates against men for child custody purposes; if any such law existed, it would likely be challenged and easily struck down as sexually discriminatory and thus unconstitutional. – 2020 UT App 155 – witness credibility, sufficiency of evidence, In re Adoption of B.F.S – 2020 UT App 149 – venue for adoption vs. venue for petition for determination of rights. First, we need to understand a few things about the way the law governing the award of child custody has evolved. The question is not whether a particular “state” favors awarding custody of children to mothers over fathers, but whether particular judges favor awarding custody of children to mothers over fathers. She specializes in divorce, death, career changes, and caring for aging relatives. I Feel That When My Spouse Cheated on Me, They Abandoned Our Marriage. Will Taking Them to Court Help? Do any states prefer the mother as a matter of law? In the meantime, shorter, more frequent visits are encouraged so that a solid bond can be established early on. It's also imperative that you feel comfortable with your lawyer and feel that they are fairly representing you. For example, requests for changes need to be presented with at least a 24-hour notice, and they need to go through you first before they are suggested to the kids. Do the Courts Typically Grant Overnight Visitation for Newborns? If you are a victim of domestic violence, contact a local shelter to inquire about legal assistance. Some states may also assume that in the case of unmarried parents, the mother automatically has custody, while others expect single mothers to file for custody, even if the father is not involved. And that’s a good segue into the next topic of this discussion. The second link in my comment above is to Womenslaw.org, which includes links to laws for all of the states.My hunch is that it is not possible under the U.S. Consititution to use gender as a factor in custody determinations, but I have not reviewed all of the state … Child Custody: what does it mean in divorce, and what factors determine who gets child custody? Many judges simply presume that a child’s primary caregiver is its mother, particularly when the child is an infant or very young, even if there is insufficient evidence or even no evidence to support such a presumption. After Four Years of Being Uninvolved, My Ex and Their New Spouse Want to File for Custody. Accessed April 28, 2020. Can I kick my spouse out of the house without his/her consent? A good example of this in my jurisdiction (Utah) is favoring the “primary caregiver” of the child. You’re asking a good question, but it’s not the question you think you’re asking. When and How Two Taxpayers Can Claim the Same Dependent. By using The Balance, you accept our. Many of these judges have so many cultural biases in favor of awarding custody of children to mothers that they are incapable of even conceiving of the idea of a father being awarded primary custody or even having both parents share physical custody of their children equally. What Single Parents Should Know About Child Support. By employing language and stating tests and elements that favor to women and mothers over men and fathers without overt references to men or women, such laws still manage to discriminate in favor of mothers over fathers without appearing to be indulging in blatant sexual discrimination. Schedule a free consultation with a qualified child custody attorney in your state. What Happens When I File Bankruptcy After I Have Been Sued? No states received an A. In families like these, it was clear that the mother usually did, in the majority of divorce cases involving such families, the majority of the child care taking. Utah Family Law, LC | divorceutah.com | 801-466-9277, https://www.quora.com/How-many-states-favor-giving-the-child-to-its-mother-in-a-custody-hearing/answer/Eric-Johnson-311. Some states may also assume that in the case of unmarried parents, the mother automatically has custody, while others expect single mothers to file for custody, even if the father is not involved. Reasonable arguments could be made in these circumstances for why the mother would be awarded primary physical custody of the couple’s children. "Home." I Didn't Put My Ex's Name on the Birth Certificate, but They Now Want to File for Custody.