Are courts more likely to award custody to mothers than fathers?
Historically, the court presumed the mother to be the best parent to award custody of the child. Today, that is not the case. Courts must consider the best interests of the child when determining custody. The best interests of the child have nothing to do with a parent’s gender. The courts look at criteria such as the wishes of the child and the parents, the relationship of the child to the parents, siblings and any other extended family, the location of the parent (considering adjustment to school, church, etc.), the health of the child and/or parents, the financial situation of each parent and which parent has been the primary caretaker of the child thus far. Even though there is no legal presumption in favor of the mother, it is important to note that courts in some jurisdictions may still give preference to the mother in custody disputes where the child is an infant, under the age of six or a female child of mature years. However, if this is the practice, courts still consider who