Are courts more likely to award custody/parenting plans to mothers than to fathers?
In the past, most states provided that custody/parenting plans of children of “tender years” (about five and under) had to be awarded to the mother when parents divorced. In most states, this rule has been rejected entirely or relegated to the role of tie-breaker if two otherwise fit parents request custody/parenting plans of their preschool children. Most states require their courts to determine custody/parenting plans on the basis of what’s in the children’s best interests, without regard to the parent’s gender.
