Are Mothers Favored in Custody Cases?

In a divorce with children, child custody often becomes a contentious issue. Both parents tend to want to spend time with their children. However, men usually think they will not get custody due to preconceived notions, so they don’t fight for their rights.

Historically, mothers have been often favored in custody cases due to societal norms and legal standards that presume that young children are best cared for by their mothers. Women typically stayed home and cared for the children while the fathers worked.

Changes in Tennessee Law

The law is more gender-neutral nowadays, so men and women can get custody of their children in a divorce. Tennessee Code Title 36, Chapter 6 states that child custody is determined based on the child’s best interest. The best interest of the child is a broad rule that encompasses various factors such as:

• Parental involvement. This refers to each parent’s participation in caregiving, education, and emotional support.
• Ability to provide. What is the ability of the parents to provide the child with food, clothing, medical care, education, and other necessary care?
• Stability. Children thrive on stability and routine. What is each parent’s ability to provide a stable home environment?
• Health and safety. Children deserve to grow up in a safe environment. Any history of abuse, neglect, or substance use by either parent will be frowned upon and affect custody rights.
• Co-parenting ability. Can the parents get along with each other? The court will examine each parent’s willingness and ability to foster a positive relationship between the child and the other parent.
• The mental and physical health of the parents. Can parents effectively care for the child? Do any health conditions limit them?
• The reasonable preference of the child. If the child is at least 12 years old, they can make their wishes known if they prefer which parent they want to live with.

While it may be perceived that mothers are favored in custody cases because they traditionally served as the primary caregivers, courts are increasingly recognizing fathers as equally capable parents. Parents of both genders have proven that they can provide care and support for their children. Because of this, shared custody arrangements are becoming more common.

Courts generally prefer that both parents have custody because children tend to benefit from having both parents. However, custody case outcomes largely depend on the specific circumstances and evidence presented in court. Judges rarely make decisions based on a preference for one parent over the other.

Skilled Family Law Attorney in Murfreesboro, TN

Mothers do not get priority in child custody cases. Depending upon your situation and your relationship with your former spouse, you may have options when attempting to obtain fair child custody and visitation arrangements.

Get help from a Murfreesboro child custody lawyer from the Law Office of David L. Scott. We can guide you through the process and help get you the child custody rights you deserve. Schedule a consultation today by calling (615) 896-7656 or filling out the online form.