June 2016 Archives

Fact or fiction: Mothers get preferential treatment in custody cases

Many people have the mistaken belief that mothers get preferential treatment by the courts in child custody cases, but this isn't actually true. This myth likely gets its roots from the past, when mothers weren't likely to work outside the house and spent more of their time tending to the children. Because of this, the courts often did grant the mother primary physical custody since she had been the main caregiver to begin with. However, two-income families are now the norm, and fathers have greatly increased their overall involvement in their children's lives in the past few decades. This means that the New York family courts do not consider the mother the automatic choice for custodial parent.

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Keith B. Schulefand, Esq.
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