Many people have a perception that in family courts, the gender of a parent influences child custody arrangements. This perception has existed for ages and helped shape how families approach divorce, custody issues, and the overall legal system.
Our dedicated family law attorneys at The Smith Law Offices, P.C. offer insight into gender bias in custody cases and whether it could impact your situation.
Do Child Custody Cases Have Gender Bias?
Getting to the heart of whether gender bias exists in today’s family court system is challenging. The idea that gender bias exists comes from a time when cultural, religious, or social standards assigned specific gender roles to men and women. In some locations and cultures, women were expected to stay home and mind the children, taking care of the overall management of the household. They were discouraged from entering the workforce because their perceived value and worth were in the home. Women were seen as the nurturing and selfless caregivers of the family unit. Conversely, men were solid and robust figures whose job was to provide for their families and take a passive role in childrearing and caregiving.
These notions may have been reflected in the legal system for a time, although today, most jurisdictions forbid family courts from making custody decisions based solely on gender. Fathers can be excellent primary caregivers, and mothers are not the only source of love and affection for a child. Time has also shown that both women and men can make enough money to provide for a child and have meaningful and financially lucrative careers.
The court must make custody rulings based on the child’s best interests, not on the perception that one gender is better at raising or providing for children than the other.
While many people think there is a significant gender bias against men in the family court system, reports indicate that gender bias works both ways and can place women and children, particularly those impacted by abuse, at significant risk. Part of the reason many people assume there is a gender bias in favor of women in the family court system stems from misinformation and a fundamental misunderstanding of the facts. While some reports show that 90 percent of children of divorced and single parents live with their mother, most divorcing fathers never ask or fight for custody. Of those that do, 60 percent win their cases.
A Michigan Child Custody Lawyer Can Help
Gender bias in custody cases is a complex issue. In Michigan, courts are required to consider the best interests of the child in any custody decision, and that means they must consider both parents and how they are best for the child. You need a skilled family law attorney on your side to protect your rights and demand that the case be considered on its merits and according to the law.
If you face divorce or child custody issues, do what’s best for yourself and your family. Talk to an experienced Michigan family law attorney now. At The Smith Law Offices, P.C., we are committed to helping you achieve the best outcome possible. Contact us online or call our office today at (734) 729-4465 to request a confidential consultation.
