Do Women Or Men Have a Better Chance At Full Custody

One of the most serious and contentious aspects of the dissolution of a relationship is who gets custody of the children.  The issues are similar regardless of whether or not the parents are married.

What is Full Custody?

Full Custody or sole custody of the children is when one parent has physical and legal custody.  Physical custody is involves where the child or children live most of the time and the custodial parent makes day-to-day decisions involving the child.  Legal custody involves major long-term decisions about the child, education, schooling, religious training, and medical care.

A Historical Perspective of Custody

In the 19th century when women were treated more like property, the father had almost total control of his wife and his children including custody.  In the late 19th century when the women’s rights movement started, this attitude started to change.  In the twentieth century as divorce became more common, and more women entered the workforce, women were usually given custody of the children and fathers had visitation.

Custodial Rights in the 21st Century

The standard today for deciding custody issues is what is in the best interest of the children.  Family Court Judges realize that a child needs to maintain a healthy relationship with both parents.  In a situation where all things are equal between parents the court will not award full custody to either parent.  Parents will share legal custody.  One parent will be the custodial parent and the non-custodial parent will have liberal visitation rights.  Whether mother or father is the custodial parent may often depend upon the age of the children and which parent was the primary caregiver in the relationship.  There is no longer any guarantee that the mother will get physical custody as more fathers pursue physical custody. 

Full custody is granted in cases where one parent is deemed unfit because of mental illness, drug or alcohol abuse or severe physical incapacity.  It is also granted in situations where one parent has refused to develop a relationship with the child.

Talk to an Attorney

Custody issues can be contentious and complicated.  You should seek legal advice regarding your custodial rights as a parent.  Family law issues are one of the areas of the law where take cases on contingency is not allowed.  If custody is important and you have to pick and choose where to spend your legal dollars, seeking competent legal counsel to assist you with custody issues is a good use of your resources.