law

How Come in a Divorce the Custody Usually Goes to the Mother?

There is one main reason, plus other supplementary reasons, why the mother gets default child custody most times. The main reason is that the law assumes that when couples divorce, the father divorces the children as well. However, in the real sense, even when the divorce is completed there are higher possibilities that both parents still value the children to averagely the same level.

Yes, there could be child-parent challenges and disappointments, but the bond is still intact. The disagreement is probably because of the child’s age factor, their desire to be loved by both parents, and the limit ordered by the court regarding when to meet their parents. Thus, it is logical to avoid fighting over children unless you can honestly prove that your partner is an unfit parent.

The ancillary reasons why the mother is by default granted custody of the child, whether in a case handled by family law solicitors Manchester or others around the UK, after the divorce is completed, may include:

  • The belief that the mother is a better parent than the father. It is believed that the mother is more likely to give personal attention and care to the young children and babies if compared the father. The belief is politically incorrect, and science confirms that this theory is not true. Children are more comfortable with the interaction and influence of both parents.
  • The law assumes that the parent that spends more time with the children (mother in most cases) is actually the primary caregiver. It states that the custody of the kids should be granted to the primary caregiver. The law invests in the hypothesis that the father spends more time at work and not with the kids. Nevertheless, respect should be paid to both parents.
  • The law assumes that after divorce children need a home with at least one parent. In the real sense, no kid really wishes for that. If the parents live far apart, then during the divorce none of them should be granted direct custody of the child. Custody should be granted to both parents and they should live within biking or a walking distance. Basically, the kids should attend their usual church, should have the same old friends, stay in the same neighbourhood and should attend the same old schools.

The ancillary reasons may be considered valid points in some divorce cases. But in the real sense, they are beliefs that lack valid explanation. Also, the judges wish to close the children custody case once and for all. For that reason, they often issue the judgment based on observing and identifying the parent with an easier spirit to break. In most cases, the mother has the advantage if this principle is applied.