Are child custody decisions biased towards the mother?

Laws in most states do not require that courts show child custody bias towards the mother when making child custody decisions. However, it is clear that some judges do show that bias, even though it is often slight, in issuing the most suitable child custody orders.

Every state has their own guidelines governing child custody decisions. However, the first requirement in every state is the best interests of the child. That may be difficult to quantify, but in harmony with the other guidelines, the courts make the best decisions they can. Other guidelines generally include:

• The relationships between each parent and the child
• The ability of each parent to provide a safe and stable home
• The needs of the child (mental, physical, spiritual, and emotional)
• The health of the parents (mental, physical, spiritual, and emotional)
• Any evidence of domestic violence in the home

If all of these elements are generally equal, the court may rule in favor of the mother as the best nurturer of younger children, with the option to change that decision as the children grow older.

If you are seeking custody of your children, and you are unable to reach an agreement with the other parent, you may want to consult a child custody attorney or continue to seek counsel from your divorce attorney. They can help you fight for custody, regardless of whether you are the father or the mother of the child.