Child Custody and Gender Bias

 Posted on August 12,2012 in Family Law

There is a saying that justice is blind, yet that may not be the case for family law. Judges have a lot of opportunity for gender bias in divorce and child custody cases. Women are expected to be more nurturing due to their role in birthing and rearing children. That often translates to men having to spend more time, money and effort to prove that they are good parents as well.

In child custody cases, the court is required to decide for the best interests of the children. Back in the late 19^th century there was a “Tender Years Doctrine” enacted to settle custody cases. It stated that for children that are 13 years old and younger, there best interests are served in the custody of their mothers. This has supposedly been changed for the more equal “Best Interests of the Child” doctrine, yet that change was only made in 1989.

Some states have set rules in place that children have a right to maintain a relationship with both parents. Yet no guidelines are stated about a quantity of time that is necessary to foster a close relationship between a child and parent. This would seem to state that time should be split equally between two loving parents, yet that often isn’t the case. In DuPage County, our divorce attorneys are happy to help you understand how the law can benefit your family.

If you are a parent thinking about divorcing your spouse or a divorcee who is struggling to gain custody of your child, don’t do it alone. Being aware of the rules and regulations that govern child custody cases is something that your lawyer can assist you with. Contact an experienced divorce lawyer in DuPage County today.