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Rose Law Firm of Napa Valley, Inc.

Seasoned Legal Judgment For The South Metro Area

Don’t fall for this child custody myth

On Behalf of | Jan 6, 2021 | Divorce |

If you’re seeking custody of your child, the last thing that’s going to help you is listening to myths that simply are not true. One of the most common myths is that there is significant gender bias in the family court system today in 2021. The truth is that bias is uncommon.

People often suggest that family courts are biased against fathers and have a bias towards mothers when it comes to splitting up custody. This isn’t true in most cases. In fact, the courts would like to see both mothers and fathers play an active role in their children’s lives.

Why do people perceive a bias in family court?

There are a few reasons why people believe that there is a bias against fathers in family court, even though that is rarely true. These may include that:

  • Some fathers are absent or choose to spend little time with their children.
  • The courts weigh custody based on who takes care of the children more often and who has a stronger bond. More women are stay-at-home parents, which would mean that they had more time to bond with their children and may have a stronger case for primary custody.
  • Fathers may be the breadwinners, so they are outside the home more often and cannot take on as much custody as a result.

These reasons don’t discount the idea that some men may deal with a bias in court. If a bias is suspected for any reason, it’s essential that your attorney looks into your concerns and takes action when it’s needed.

What do you do if you believe gender bias is playing a role in your case?

In some cases, men may actually face a judge or jury that is biased against men, and that’s something to watch out for. In those cases, your attorney should take steps to seek out a new judge or to have jurors replaced. You may also be able to limit the risk of bias in court by settling your custody arrangements outside court with your ex-spouse or ex-partner. That way, you’ll have more control over the outcome.