Fathers Increasingly Gaining Custody
Courts have long tended to favor mothers in child custody disputes, a trend which shows some signs of reversal.

March 28, 2010 /24-7PressRelease/ -- Fathers Increasingly Gaining Custody

Courts have long tended to favor mothers in child custody disputes, a trend which shows some signs of reversal. The increasing success of women in the workforce may be one of the driving forces behind this judicial shift. As more women return to the workforce after having children, more judges have begun to award physical custody to fathers with less demanding jobs.

In the traditional nuclear family of recent history, men were often perceived as the "breadwinners," working long hours to provide for the family. Fathers were relied upon for financial support and mothers worked as homemakers, performing the majority of the child-rearing duties. Although this traditional family model is increasingly less common, courts have been slow to react to the changes in modern family life. Last year, however, the successes of the women's rights movement translated to difficult losses in the courtroom.

Typically, mothers and fathers are both are awarded legal custody of their children. This has not changed. What has changed is that more men are being awarded physical custody, not merely legal custody.

Legal custody is the right to make decisions about a child's life. Common decisions involved in legal custody are those about education and medical care. Physical custody, on the other hand, is the right of a parent to have his or her children live with him/her. Physical custody is commonly split between parents upon divorce, and children then live with both parents.

While "joint" physical custody is still the norm, fathers are now increasingly seeking primary physical custody of their children. According to recent findings, fathers seeking physical custody of their children succeed half of the time. In fact, 2.2 million mothers do not have primary physical custody of their children. The likely reason for this is that fathers are undertaking more of the child rearing duties. As fathers testify about their involvement in their kids' lives, judges are more inclined to favor them in the custody decision.

Whether the achievements women have realized in the workforce outweigh those lost in the realm of the home is a personal question that many women are forced to grapple with. As the current recession deepens and more men are laid off from their jobs, we will likely see the recent trend in custody battles continue.

Press Release Contact Information:

Findlaw PR