When parents separate or divorce, one of the most significant concerns is child custody. A common question arises: Will the courts favor the mother in deciding custody arrangements? While many believe that mothers automatically have an advantage, the reality is more nuanced. Let’s explore how custody decisions are made and whether the belief about mothers being favored holds true.

How Courts Decide Child Custody

Family courts prioritize the best interests of the child above all else. This principle means that decisions are made based on what will provide the child with the most stable, loving, and supportive environment. Key factors include:

• The child’s age, health, and emotional needs
• Each parent’s ability to provide for the child (e.g., financially, emotionally, and physically)
• The child’s current routine and stability
• The child’s relationship with each parent
• Any history of abuse or neglect

Courts also consider the child’s preference, depending on their age and maturity. There is no automatic assumption that one parent, such as the mother, is inherently better suited to have custody.

Does the Mother Have an Advantage in Custody Cases?

Historically, courts often awarded custody to mothers, especially for young children, under the “tender years doctrine.” This outdated belief assumed that young children needed their mothers for proper care.

Today, most courts have moved away from this presumption. Instead, they strive for gender-neutral custody decisions, meaning both parents have an equal chance to obtain custody based on their ability to meet the child’s needs.

That said, in some cases, mothers may still seem to have an advantage. For example:

Primary Caregiver Role

If the mother has been the primary caregiver—managing day-to-day tasks like meals, school activities, and bedtime routines—courts might view her as the more stable choice for custody.

Societal Expectations

Even though courts are more neutral today, societal expectations sometimes influence how custody arrangements are perceived. Mothers may still be seen as more nurturing, but this bias is decreasing.

Children’s Preferences

If children express a preference to live with their mother and can explain their reasons, courts often take this into account.

Can Fathers Get Custody?

Absolutely. Many fathers successfully gain custody, especially when they can demonstrate their involvement in the child’s life. Courts are increasingly recognizing the importance of fathers and the benefits of having both parents actively involved.

Fathers who are equally involved as caregivers and can show a strong emotional bond with their children have a solid chance of securing custody, either jointly or fully.

Joint Custody: A Common Outcome

In most cases, courts prefer joint custody arrangements where both parents share decision-making and parenting time. This approach allows children to maintain strong relationships with both parents.

Contact LPEP to Discuss Your Child Custody Case

While mothers historically had an advantage in custody battles, today’s courts emphasize fairness and the child’s best interests. Both parents are evaluated equally, based on their ability to provide a stable and supportive environment.

If you’re navigating a custody case, don’t hesitate to reach out to Lonich Patton Ehrlich Policastri. We understand how important family is, and we’ll do everything we can to help you see your children as often as you deserve. 

Contact us today to set up your free consultation. 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

Although it can be difficult to think about, there might come a time when you are unable to care for your loved ones. It’s important to have a plan in place to make sure that you can continue to provide for their needs and give them a stable future. One helpful legal tool to consider is guardianship. Below, you’ll find information about guardianship, including the role of a guardian and the types of guardianship. 

What is Guardianship?

Legally, a guardianship is a relationship where a court appoints an individual (known as the guardian) to be responsible for the well-being of someone who cannot care for, or make important decisions for, themselves (known as the ward). 

What is the Role of a Guardian?

In a guardianship, the guardian is legally responsible to make decisions on behalf of the ward to ensure their well-being and appropriate care. Most often, the scope of decision-making includes:

• Healthcare – Making sure that all necessary medical treatment is given to meet the ward’s needs
• Finances – Managing money, bills, investments, etc. and using funds appropriately to care for the ward
• Living arrangements – Determining the best living environment for the ward and arranging for their physical care 
• Education –  When the ward is a minor, making decisions about schools and extracurricular activities, as well as ensuring the ward has clothing, school supplies, transportation to school, etc. 

Types of Guardianship

Guardianship typically falls into two categories: for minors and for adults.

Guardianship of a Minor

In the eyes of the law, children under the age of 18 (or, minors) do not have the appropriate life experience to make important decisions for themselves. If a parent becomes unable to care for their minor-aged child, the court will appoint a guardian to take over the parental role.

Guardianship of an Adult

For adults who are incapacitated, whether due to disability, mental health issues, illness, or age, a court will first evaluate whether the person is able to make decisions for themselves or not. If the court deems a guardianship is in the best interests of the individual, they will appoint one, usually with input from family members and health professionals.

Securing Your Family’s Future

Although your loved ones might not need a guardian yet, it’s important to have a specific and detailed plan in place, especially if you have minor children or a special needs child. You don’t want to leave it up to the courts to decide. Instead, you can include instructions in your estate planning. 

First, choose a guardian who is trustworthy, responsible, in good health, and able to make important decisions on your loved ones’ behalf. Often, guardians are close relatives or trusted family friends.

Next, consult with legal professionals who are experts in family law and estate planning. They can guide you through the estate planning process and help you put appropriate plans in place that will stand up in court and make the process smoother for your family. 

The attorneys at Lonich Patton Ehrlich Policastri (LPEP Law) offer a full range of legal services in these areas, including wills and trusts (i.e., living, special needs, life insurance, dynasty, etc.). Call LPEP Law at 408-553-0801 to schedule your free, 30-minute consultation to discuss your family’s needs and start protecting your family’s future today.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.