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Do family courts still mainly side with mothers in custody cases?

It used to be that almost any custody case heard in family court would end with the mother getting custody. This was due to a few factors. First, family units in Flordia usually had a father who worked and a mother who raised the kids. The courts believed since the children were raised by the mother, they should stay with the mother. Another reason is that there used ot be a belief that children age seven and under needed to be with their mothers for proper development. All of these ideas are outdated, and family courts now operate under new rules.

Parents heading to family court for a custody case are seen as equal in the court's eyes, according to Slate. Courts now understand the best thing for a child is to have equal access to each parent. This has resulted in courts favoring joint custody rulings over awarding custody to just one parent. 

Fairness, though, may rest on something else these days: paternity. This can lead to mothers being favored in cases where paternity is not legally established. If you are the father of a child but you were not married to the mother, you often have an uphill battle in court. It is more likely the mother will win in court when it comes to custody unless you can afford good representation. 

Another factor that now plays a huge role is your willingness to work with the child's other parent. If you are argumentative and not willing to compromise, then the court will be more likely to side with your child's other parent. This information is for education and is not legal advice. 

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Law Office of Philip J. Schipani
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