In a custody battle, should a court favour the mother or the father?
- In Florida primary custody is determined using the following:. For purposes of shared parental responsibility and primary residence, the best interests of the child shall include an evaluation of all factors affecting the welfare and interests of the child, including, but not limited to:. a The parent who is more likely to allow the child frequent and continuing contact with the nonresidential parent. b The love, affection, and other emotional ties existing between the parents and the child. c The capacity and disposition of the parents to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in lieu of medical care, and other material needs. d The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity. e The permanence, as a family unit, of the existing or proposed custodial home. f The moral fitness of the parents. g The mental and physical health of the parents. h The home, school, and community record of the child. i The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference. j The willingness and ability of each parent to facilitate and encourage a close and continuing parent - child relationship between the child and the other parent. k Evidence that any party has knowingly provided false information to the court regarding a domestic violence proceeding. l Evidence of domestic violence or child abuse. m Any other fact considered by the court to be relevant. There used to be something called the "tender years doctrine" which basically gave automatic custody of chilren 5 years or younger to the mother. That doctrice has been abolished. In my 15 years of practice, I represented about 90% males of which about 90% of those clients received custody of the children. In my opinion, courts should favor the parent who is best suited to be the primary caretaker based on the above criteria. Many states approve of joint custody arrangements depending on the circumstances
- mother
- mother
- "The best interests of the child" is the overriding principle of Family Court, or should be. The "best interests" would be not to be in court in the first place, and have the parents resolve that issue as they are supposed to be - adults. It is the parents that become the children in that sort of fight, and the only loser is the real child
- Unfortunately, even if mom was on while pregnant, the hospital will detox the infant and send them home with mom. The court system will then play "follow the leader", meaning that if mom has physical possession of the child, she is favored for custody because they already have a bond. The court should consider all of the evidence available to them, and decide what is in the best interest of the child. Very rarely does this happen! The person with the most money for a lawyer, physical custody of the child, or just a better talker usually gets custody. If things are that bad, you have to continue to fight for the child. Document things that are wrong and keep going to court. no matter how long it takes ours was eight years of torture but it works out in the end. The damages to the child, however, will be there forever
- 9 times out of 10 the mother will favored unless it is proven she unfit to care for the children
- The court should "favor" whichever parent has ownership of the best situation for the child. This can be tricky, as one might have more time available, but the other a better job, more stable life but less time. Regardless of the situation, gender of the parent though should have no weight as far as who gets custody
- Like stony said they usually favor the mother but that just because they believe mothers to be more responsible for there children tell that to all these moms who leave there babies on door steps and in dumpsters or simple kill them. If you truly believe that you are the best suited parent for the child then fight for custody but do not make it an issue of just wanting to hurt your former partner keep in mind the best interest of the child
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