Do Mothers and Fathers Get Equal Treatment in California Custody Cases?
Gender equality has been a subject of much discussion not only in California but throughout the entire world. That being said, the subject is really nothing new. For many decades, US law has clearly stated that both men and women should be treated equally in all situations. Whether you are a mother or a father, you might be wondering whether this equal treatment holds true during a custody case in California.
California Courts Do Not Inherently Favor Either Spouse
The official stance of the California family courts is to approach both mothers and fathers in a completely unbiased, fair, and equal manner. A mother does not automatically get custody of the children after a divorce. Courts will not assume that the mother is better suited to act as the children’s primary guardian.
Circumstances Change if the Child Was Born Out of Wedlock
The situation is slightly different if there was no marriage before the child was born. This is also known as being born “out of wedlock.” In this situation, the mother may be granted natural custody rights, but only if the father makes virtually zero effort to claim paternity or spend time with the child. If the father wants to take a paternity test to establish the child is his, the mother cannot stop him from doing so. However, it is true that in the absence of the father, the mother is “presumed” to be the natural custodian, simply because there is no one else available to take the child.
Subconscious Bias May Still Exist
While family courts in California may not explicitly state that they prefer to give mothers sole custody, there may still be an inherent, subconscious bias towards mothers among family court judges in the Golden State. Regardless of whether or not this is true, many statistics show that women are technically more likely to receive custody than men. Some studies show that fathers only receive about 33% of custody time on average. Some studies suggest that fathers have an even lower chance of spending time with their children, especially when it comes to being granted sole custody.
The Facts are More Important
Putting gender differences aside, the facts always have a greater effect on the outcome of the case. If a parent is guilty of child neglect and abuse, it does not matter whether they are male or female – the court will always look at them in a negative light. Proving that your ex is unfit to be a parent alongside a qualified attorney can provide positive custody results, regardless of your gender.
Where Can I Find an Experienced Custody Attorney in California?
If you have been searching for a custody attorney in California, look no further than the RM Law Group. We know that custody battles can be especially distressing for both mothers and fathers – but you are not in this fight alone. Book your consultation today, and we can help you get started with an effective action plan.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
