Discussion Supporting Equality in Children Guardianship in Divorce Cases

In this day of greatly increasing divorce rates, child custody decisions are still often being made in accordance with traditional assumptions on the roles of the parents in the lives of the children. The popular opinion that children of parents undergoing a divorce should reside with the mother is a result of judgmental biases that women are more suited for parental responsibilities. In cases where the father is the more suited parent for child custody, he may not be given proper consideration in official custody decisions.

Custody decisions are made in accordance to the most practical way to care for a child, with each parent pursuing the responsibilities they have had in the past. (Frequently Asked Questions) This is where the bias has the most weight in custody decisions, where women are more in favor. When someone thinks of the word mother, that person will more than likely create an association to the caretaker of the household. While it is true that women have traditionally been responsible for the upkeep of the household and the general wellbeing of the children, this bias has carried over to child custody matters, leading to presumptions by judicial officials on the roles of each parent in the lives of the children

In this day where the best interests of the child is being given ever-increasing consideration in child custody disputes, the bias of womens greater household responsibilities still has a great influence on the opinions of many. 1993 statistics show that nearly 75 percent of those surveyed would be inclined to say that, in a divorce settlement involving child custody, the

mother would be more likely to receive custody of the child. (Mason, 120) While some would argue that women do get custody in the majority of the cases, and thus fuel this opinion, it is this very bias that affects official matters and decisions. In custody disputes, the mother is often given more consideration than the father. Again, statistics show that in the majority of cases where the father receives custody, the mother works nights or is involved in educational pursuits and is clearly unable to properly care for the child. (Mason, 133) This is clear evidence that women are favored in custody decisions made by the court. Perhaps due to recognition of the value of paternal instinct. For whatever reason, it has been the precedence set in the past and traditionally many judges find it difficult to change their ways. (Frequently Asked Questions)

Oftentimes, the mother is perfectly capable of raising the child but falls short in an area that should be equally considered: moral responsibility. For this I can offer personal experience. In my case, both of parents have been through a divorce involving children. When my mother and original father became divorced, the custody of the children (my brother and I) was given to my mother. This was a valid decision as my original father was incredibly irresponsible in all senses of the word. When my stepfather became divorced, custody of the children was also given to the mother. However, judgements on moral responsibility would have immediately seen her to be unfit for holding the parental responsibilities. Not only was she having an affair at the time of the divorce, but she also took advantage of my stepfathers shock and stripped him of nearly everything, including much of his personal items. She then sold everything she took from him.

The point must also be made that my stepfather is one of the most respectable and responsible people I know. Anybody with full knowledge of the long-passed situation would agree that my stepfather was much more fit for parenting his children than his former wife. Yet the courts sided with the mother, without consideration of all the qualities that decides the best caretaker of the children.

The simple fact of being a mother does not, by itself, indicate a capacity or willingness to render a quality of care different from that which the father can provide. (Mason, 123)

With this statement a New York court recently challenged nearly a century of a judicial presumption in favor of mothers. Perhaps this is the needed initiative needed for fathers to attain their rightful consideration in child custody decisions. Unfortunately, the trend continues that decisions being made in the best interests of the child may often be offset by judgmental biases concerning womens role as the parent more suited for parental responsibilities.