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Do courts show bias in child custody cases?

On Behalf of | Oct 17, 2022 | Family Law

For parents, one of the most important steps in divorce is the assignment of child custody. There are many rumors surrounding the divorce process and child custody determination in general.

These may lead to misconceptions. While courts use a number of factors rather than any single one to make child custody decisions, it is not uncommon for individuals to believe courts automatically favor parties based on certain considerations.

Do courts show gender bias?

In the past, courts displayed a certain preference for making mothers the custodial parent. While this is no longer the case, as they do not show any bias at all and now adhere to a policy that prefers preserving children’s relationships with both parents, the idea that mothers have an advantage persists.

Do courts show wealth bias?

Another common belief is that courts are more inclined towards the wealthier parent. While wealth may offer some sort of advantage in terms of obtaining counsel and specialists, it is not by itself a determining factor in child custody cases. What courts care about is stability and the ability to provide.

The courts may award the wealthier individual primary custody if the other parent is unable to provide a secure environment for the children due to his or her financial situation. However, if the less financially advantageous parent is still capable of providing properly for the children, courts do not show bias based on wealth when awarding custody.

Do courts show fidelity bias?

Unless the parent is doing something that harms the children, such as dating an abusive individual, then adultery may not influence custody decisions. Cheating by itself may not result in the courts deeming a parent to be an unsuitable primary or co-caregiver.

Legally, courts do not show bias. They make custody choices for the best interests of the children, which involves many different considerations.