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Are mothers more likely to get child custody during a divorce?

by | Nov 29, 2021 | Blog |

Divorce is never easy, let alone having to go through a child custody case. In the United States, however, there often seems to be a division among recently divorced parents between who gets custody and who does not. Luckily, times have evolved and there are many factors that go into determining the final decision. In a majority of circumstances, it seems that the mothers are more likely to receive the right of custody over a father in the court of law. Today, we debunk this myth for the state of Florida.

Equal rights and child’s best interest
In Florida’s court of law, it is known that both parents have equal rights for child custody. This means there is no preference over gender or 50/50 rule and instead falls over to the child’s best interest. Mothers are known to be more nurturing, but there is more than meets the eye when it comes to what the judge will consider to be a part of the final decision. Both parents must be willing to meet the child’s emotional, physical and mental needs as well as foster a relationship with the child and other parents. If a child is at a sufficient age, the child may also play a role in deciding for themselves who they prefer, but the judge will ultimately refer back to the child’s best interest.

Gaining sole or joint custody
In the state of Florida, mothers do not have an advantage to get child custody during a divorce and are instead administered over gaining sole or joint custody between both parents. In fact, losing custody is just as prominent and possible when either one or both parents fail to show some form of civil efforts to support one another for the sake of the child’s wellbeing. One form of evidence the court will not take lightly is harmful evidence such as negative text messages or e-mail towards either parent. The judge can take that as a sign that there are no healthy establishments being made towards making peace for the sake of the child.

Moral fitness
One of the most common emotions that occurs among partners going through a divorce and child custody is anger and frustration. Each individual parent may feel that they are a better fit for the child over the other, but the judge will rule based on each parent’s moral fitness. For example, if a mother is being abusive to the child in any way, is using illegal substances or is known to have multiple partners frequently, the judge may favor the father instead or offer supervised visitation as an alternative for the mother. Overall, there should be a noticeable emotional control over each parent and show that they are responsible for doing their best to raise their child.

If you would like help establishing a parenting plan agreement for a child custody case or feel you have sufficient evidence to present to a judge in gaining sole custody, we can carefully look over those for you. The Holman Law Firm is committed to providing the best legal service in Pensacola, Destin, Pace and Cantonment, FL, in various legal areas, including Family Law and Personal Injury. We specialize in Fathers’ Rights and will be there every step of the way to fight for your rights. Contact us now for a free consultation at 850-435-6909 or go online at www.holmanfirm.com.

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