Does A Parent Have an Advantage During Divorce?

A recent custody study conducted by Custody X Change found that nationwide, fathers are likely only to receive approximately 35% of the child custody time. While it may seem mothers have special rights in custody cases during a divorce, it’s far from the truth. Each custody agreement is treated with individual care by the judge presiding over the case. Some of the factors that go into deciding custody are as follows:

• An account of the child’s interactions and relationship with each parent and any siblings,

• The amount and quality of the time the child historically spent with each parent,

• The preference and availability of each parent for custody time,

• The best interests of the child concerning any special needs or specific considerations.

Most importantly, the judge considers each parent’s ability to care for the child(ren) properly. 

In New Jersey, all parents begin on equal footing with the court, meaning there is no gender bias. Instead, the basis for decisions comes from the overall picture of the child’s care and the ability to provide for the child’s needs. Of course, mothers who have been primary caregivers of young children tend to have a greater likelihood of being awarded custody. This is mainly because a young child is more affected when their primary caregiver is changed suddenly. This in no way guarantees a judge will give custody to the mother, so it’s wise to consult with an experienced family law attorney who specializes in child custody. Ultimately, the judge’s goal is to serve the child’s best interests during what is already a difficult time; divorce.

Fathers looking to understand better why they may not be awarded full or 50% custody will want to ensure the parenting time they are given is fully utilized. Fathers who fail to see their children during their scheduled times run the risk of the court stepping in and further restricting their rights or limiting their parenting time going forward. Anytime a noncustodial parent fails to spend their parenting time with their child, the court sees it as disinterest and noncompliance. The noncustodial parent isn’t the only person affected by these missed times together with the child. Studies show children of absentee parents are more likely to suffer lasting damage that follows them into adulthood.

Generally speaking, the judge will use the information presented during the divorce proceedings to determine the best situation for the child(ren). If all factors are equal, it is just as likely the custody arrangement will be equivalent for both parents. But, if one parent is the primary caregiver, and the child is young, there is a better chance of that primary parent winning a more significant percentage of custody in the divorce. 

If you are concerned about your ability to reach the custody agreement you want during your divorce, it’s essential to meet with an attorney adept at fighting for custodial rights. Remember, the court’s goal is to make the best decision for the child.