Bias Against Fathers in Courts Still Exists: How to Tackle It In a Child Custody Dispute?

We are four months into 2018, so it is fair to wonder: how popular is a bias in favor of mothers in child custody and child support cases? Or is it a relic of the past now? We brought our Salt Lake City child custody attorney to find out whether or not there is still discrimination against fathers, and if mothers win most parental rights and divorce battles nowadays.

But before we delve right into it, let’s explore the historical perspective of why mothers are thought to be winning the vast majority of parental rights and child custody cases in Salt Lake City and all across Utah.

Times have changed dramatically, but…

Traditionally, fathers provided their family with financial support, or were the so-called breadwinners. While men provided for their families, women were the ones responsible for most of their children’s upbringing. And this arrangement worked for centuries… up until recently.

Times have changed dramatically, and the same paradigm no longer applies. Today, it is not uncommon for a woman to be the one who brings home the dough, while the man remains at home (not the other way around).

Back then, whenever a couple of father (the provider) and mother (the nurturer) would break up or get divorced, the mother would automatically assume primary child custody, while the father would be obliged to provide them with child support payments.

Although it is clear that times have changed, our Salt Lake City child custody lawyer from the Ault Firm says that despite the fact that the pattern of fathers being the providers – mothers being the born nurturers is no longer universally acceptable, family courts in Utah and all across the United States are still more inclined toward awarding mothers with primary custody.

How to tackle the bias in favor of mothers?

That is not to say, however, that fathers are unable to obtain favorable child custody rights in 100 percent of all cases. In fact, that would be a false assumption to make. While fathers can be awarded primary custody and joint custody more often than ever before, it is still highly advised for a father to be legally represented by a Salt Lake City child custody attorney in order to maximize his chances of success.

Under Utah’s laws, the judge awards primary child custody rights to one of the parents regardless of their gender as long as it serves the best interests of the child. It is fair to say that as an increasing number of women have their own careers and are becoming more independent, that bias in favor of mothers in divorce battles and child custody disputes is dwindling in our country.

Fight bias against fathers in courts

While seeking legal representation from a skilled attorney is the No. 1 advice for all fathers in Salt Lake City and all across Utah preparing for a child custody dispute, there are also other tips that can help fathers fight against that rusty bias in favor of mothers in court:

  • Develop a parenting plan or co-parenting plan if you are seeking joint custody;
  • Present evidence of an emotional bond between you and the child or anything that would indicate that the father and the child have an established relationship;
  • Continue spending quality time with the child even though there may be little time for anything during a divorce (for that reason, be sure to hire an attorney who would handle your legal matters on your behalf).

Other than that, it is essential to be represented by an attorney who believes that fathers can be good parents and is prepared for fathers to be able to exercise their full parental rights. Luckily for you, our best child custody attorneys in Salt Lake City here at the Ault Firm wholeheartedly believe that fathers can be just as competent and qualified as mothers when it comes to raising children.

Speak to our lawyers today to get a free consultation about your case. Call our offices at 801-539-9000 or complete this contact form.