Are Mothers More Likely to Gain Custody During a Divorce?

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Are mothers more likely to gain custody during a divorce? There are many strong misconceptions surrounding this highly debated topic. Although some statistics may show a pattern for these types of rulings, there are many considerations for why a parent may or may not gain custody of a child or children in their case. It is also important to consider that a case verdict may be overturned in the event of new developments with the household.

Child Custody & Support Statistics

According to the Census Bureau, the percentage of cases involving custody awarded to fathers increased from 16 to 20.1 percent from 1994 to 2018. In 2018, 80 percent of 12.9 million custodial parents were mothers. These statistics highlight a discrepancy between which parent gets custody of the child.

Considerations When Determining Custody

The living condition of the parents may come into question during a child custody case. The judge may not award custody to someone who is not financially stable, as this would not be in the child’s best interest. Additionally, some states may favor one parent over the other.

In some child custody hearings, one parent may believe that the other is unfit to raise the child. In those instances, evidence of misconduct should be presented to the judge and jury that supports why the other parent should not have custody. The judge may order both parents to undergo psychiatric evaluation to determine their mental capability and sense of reason. Factors that may cause a parent to lose custody include:

  • Neglect or abuse of the child
  • Domestic violence
  • Drug or alcohol abuse
  • Child abduction
  • Unwillingness to come to a compromise with the other parent in the child’s best interest

Evidence in Child Custody Cases

Any admissible evidence of the behavior listed above may result in the loss of custody. Some examples of admissible evidence include witness testimony, written text documents, electronic communication, images in video or photo form, and financial, medical, school and police records.

Discuss Your Questions with a Child Custody Attorney

Although mothers are statistically more likely to have custody of their children, this is not always the case. There is a misconception that mothers always get custody, even though there are many factors involved. If you present concrete, admissible evidence of why you may be the better option over the other parent, you may be awarded custody.

An experienced family law attorney may be able to assist you in your case by organizing the collected evidence, recommending a strategy for the hearings, and giving a convincing argument as to why you should be awarded custody. Reach out to our firm today to discuss your questions and work toward a positive resolution for you and your child.

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