Theoretically, family law courts in the 21st Century would be just as likely to award primary custody of children to a father as to a mother. Nevertheless, mothers continue to be awarded custody more often, with fathers granted liberal visitation. Family law attorneys in Sheboygan, WI can explain why this occurs and why it doesn’t necessarily mean a father in any particular instance will lose in court.
Coming to an Agreement
These days, custody agreements are usually set up between the parents and documented by family law attorneys in Sheboygan, WI. If the two parents cannot agree on certain matters, they typically resolve the issue in collaborative sessions or through mediation. It has become relatively uncommon for a family court judge to have to make decisions about custody. When the two individuals have a very contentious divorce or refuse to compromise on certain issues, they may have to proceed with litigation and go to court.
Reasons for Primary Custody
Either way, mothers are still more likely to be granted primary custody. One reason is that mothers are usually the primary caregivers of young children, even when both parents work full-time. Sometimes fundamental practical matters override other concerns. For example, a mother who is still nursing a baby or even a toddler must be with the child regularly. During an informal hearing not overseen by a judge, it still may become clear to both individuals which of them is better suited to full-time parenting.
This can be underscored by the fact that when parents split up, typically the mother stays with the children. She and the children stay in the family home while the father moves out, or she and the children move out. This provides a distinct advantage during custody hearings.
Petitioning for Custody in Court
Laws do not support choosing a custodial parent because of gender, but some judges still feel a bias regarding females being more nurturing than males. When a man wants to challenge this idea in court, representation by an organization such as Roth & Basler is helpful. Click here to learn more about this particular law firm.