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Is there a bias toward women in child custody cases?

Many people believe that women are more likely to be given child custody in a divorce case than men, simply because of their gender. This belief is not entirely without merit, as there has been much supporting data to prove that women have often been given sole custody in previous decades. However, contemporary legal precedent acknowledges that having both parents involved in their lives is usually better for children, and we have seen many more cases of joint custody, particularly in Georgia, where parenting time arrangements are often split completely evenly.

We’ve mentioned before that parental stability is important in custody battles, and data from the Pew Research Center seems to support this idea. The data paints a picture of fathers who are rarely involved in their children’s lives before divorce, and are thus not heavily involved after divorce.

The report indicates that on average women spend almost twice as long on primary care activities than men do, despite the fact that most of these mothers are also working. More pertinently, the study claims that, of fathers who do not live with their children, 27 percent of them do not maintain any form of contact with their children. Lack of contact being voluntary or not is not directly mentioned, however a different study claimed that in a majority of cases, both parties agreed that the mother should be the custodial parent.

While all of this may be true, it’s important to remember that these are statistics, and each divorce case is completely unique. When courts decide on a custody agreement, they take many factors into consideration. Some of the factors include how involved fathers are in the child’s life, and how seriously it would affect them if the father were suddenly removed. If you can prove to the courts that your involvement is vital to the child’s upbringing, and that you contribute meaningfully to the child’s life, you will find a fair agreement without gender bias.

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Gentry Law Firm LLC
506 Roswell Street NE
Suite 240
Marietta, GA 30060

Toll Free: 888-365-5983
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