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If fathers suspect bias in custody cases, they can fight it

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. You want to get as much time as possible with your children, and you may even want to be the primary custodian.

You have every right to want those things, and you should know that the majority of judges are not biased against men who want to spend time with their children. While in the past it was much more common for women to receive custody, today, it’s normal for parents to share custody 50-50 (or as close to it as possible).

There are still times when bias causes concerns

Some fathers still believe that there is a bias in court. Many men say that they feel like they’re fighting an uphill battle when they want to receive custody of their children. Some people do still believe that men should be the breadwinners while women stay home with their children. That’s not necessarily true today, but there is a risk that bias will still rear its head in court.

Where does the perceived bias that mothers should be the guardians of their children come from?

Almost a century ago, in 1925, the family courts looked at cases of separation with an eye on the Tender Years doctrine. This doctrine claimed that children under 13 would be more dependent on their mothers. This was phased out in the ‘70s with the Best Interests doctrine. That doctrine states that a judge should do what is in the best interests of the child in the case.

Unfortunately, there is still a stereotype that men should be the ones providing financial support, not emotional support. While that is patently untrue and unfair, it could still be a risk in your case. That’s why it’s a good idea to work with an attorney on showing why you want custody, proving your involvement in your children’s lives and focusing on how you can show that you are a parent who is dedicated to your children. Your attorney will work to defend you against unfair bias in court, so you have the best chance of getting the custody arrangement you want.