It is common for fathers to be awarded joint or primary custody of their children. Selecting expert witnesses. When it comes to child custody, it’s often a difficult battle to fight in courts. But are you saying the statistics presented in the OP suggest that there is bias against fathers getting custody? These statistics do not necessarily represent a legal bias against fathers; the fact is that many fathers do not ask for sole or joint custody, but cede these rights without contest. Besides, I knew that this system was actually biased against fathers, not mothers. Some judges tend to favour women during divorce and child custody disputes. It is absolutely gender discrimination. A University of Malta thesis by Kimberly Sammut found that 61% of the randomly selected cases between 2014 and 2018, granted sole custody to the mother. The Family Law Act 1975 (Cth) does not contain any bias in relation to gender when it comes to making parenting decisions. Yes, I did. As a father, something that you may worry about is that the courts may be biased against you during your divorce case or custody case. Patriarchy affects how custody battles are eventually ruled – and not because the court is particularly in favor of women. The presumption that women are more fit for parenting, or that they require more financial support than men is simply unfair and unjust. It is true that for decades, courts in the vast majority of states, including Florida, were biased against fathers when awarding primary custody. Legally, there can be no discrimination based on the sex of the parent. Although this issue is often disputed, most courts will not discriminate against a father during a child custody dispute. State laws vary under the “Domestic Relations Exception” giving states the jurisdiction over divorce law. Many fathers we have represented can personally attest to experiencing a negative outcome in a custody dispute because of gender bias in the court system. It’s true that mothers are more likely to receive custody of their children in a divorce. Statistics demonstrate that nationwide, mothers are granted sole custody more often than fathers. Florida Law Prohibits Gender Bias When Awarding Child Custody. Two in five marriages end in divorce, and there are more than 40,000 cases a year that come before the courts that relate to custody and contact with children, a … Before trial, counsel should select an impartial expert who is not only known to the court as a good forensic expert but who has no bias against fathers' sharing or having primary custody of a child. This isn't true at all. Myths and stereotypes about men and women are engrained in our society. According to a study done by Divorce Peers, I see this all the time with people saying that courts are biased towards the mother and against the father when trying to get custody of their children after a divorce/break up. A judge needs to be aware and mindful that denying a parent custody based on a disability is not only not necessarily in the best interest of the child, it is discrimination. Divorce & Gender Bias: Fighting Presumptions Against Fathers And Mothers. I might not really know what "don't often get a look in", means. Fathers are more likely to be seen as equal parenting partners, and they might share custody with the mother or even get custody themselves. An unwed father cannot have custody of the child simply because he is the biological father, or because he maintains the child or has more money than the biological mother. Being a father trying to use the system, it would be very easy for me to say that the system is heavily biased against fathers. Fight Bias Against Fathers in Courts. And, not the reason many fathers aren't involved in their children's lives post … The justifications are bullsh1t, I'm afraid. You want to get as much time as possible with your children, and For instance, most individuals tend to believe that most single mothers who choose to raise their kids on their own are either unemployed or receive government assistance. In Texas, it is unlawful for a judge to favor mothers during a custody hearing. After a 10 year career as a divorce coach/consultant and doing extensive research on the subject, I've come to the conclusion that the courts are not the reason mothers retain custody in the majority of divorces. We hear a lot about how the courts are biased in favor of mothers when deciding child custody. In Florida, courts cannot make custody decisions based on gender (it would be against the law to do so). Having said that, I do think there is some lingering bias, even though judges and custody evaluators and guardians ad litem will always deny it. 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