One of the common questions we hear as a family law firm is whether the court favors mothers in child custody cases. In short, no, the court doesn’t favor the mother. However, it often works out that the mother receives the bulk of the time-sharing. The court only cares about what is in the best interests of the minor children, so it looks at several factors when determining custody.
Co-Parenting
In most circumstances, co-parenting is the best option so that the child influences both parents. However, if one parent is incarcerated, co-parenting is not possible. Co-parenting is not advisable if one parent is violent toward the children or has a substance abuse problem. The court will opt for supervised visitation if the abusive parent wants to see their children.
Factors in Determining Custody
The court looks at several factors to determine the best custody arrangements, including but not limited to the parent who:
- Takes the child to medical appointments most of the time.
- Gets the child ready for school in the morning.
- Bathes and dresses the child.
- Changes the child if they are still in diapers.
- Both parents work schedules.
- Which parent is more likely to encourage a relationship with the other and allow the children to call, email, or visit the other.
In many cases, the mother starts with primary custody, but the father ends up with primary custody because the circumstances dictate that it is in the best interests of the children to be with their father.
The Best Custody Option
All things being equal, the best option for the children is usually 50/50 visitation if the parents’ work schedules allow it. Even if the father worked and the mother didn’t, the father still has a chance of getting primary custody or 50/50 custody if the mother returns to work.
Never think that custody options are out the window, as the court will decide once it looks at all the factors that affect child custody. Even if the mother thinks she should have primary custody, that doesn’t mean the court will rule that way, especially when a father has a strong relationship with his children.
However, because of work schedules, the best custody option for a family might be that one parent has primary custody if all other factors are equal. No law states that the mother has to have primary custody or that the father has only every other weekend.
Contact Mohajer Law Firm
If you are separating or divorcing and cannot agree with your spouse about a fair custody and visitation schedule, the court will decide for you. Should the court have to choose, you need legal representation to ensure that you have the best custody and visitation schedule that fits your family and that is in the children’s best interests.
Contact Mohajer Law Firm for a consultation if you believe separation or divorce will lead to a custody battle. Your first consultation is free.