In the United States, mothers typically receive primary custody of their children more often than the father. This means that they are the primary physical guardian or custodial guardian. This isn’t to say that fathers lose all legal rights or custody. This just means mothers are considered to be the children’s consistent caretakers more often than fathers.
There is a narrative that this difference has a wide disparity, but this isn’t always true. In 2018, the disparity was a 35% to 65% split, but last year this split grew to 20% to 80% where the children’s mother gained primary custody. There are contributing factors to this divide that have increased in the last few years that people don’t know about.
With the change to child custody in Florida in 2023, the situation has become a bit more equal, but statistics may not show that. Now, fathers have an easier time claiming paternity, and courts assume that 50/50 timesharing is best for the child when the parents can’t agree.
Many of our new and existing clients express concern and anxiety over these potential custody issues. The family law attorneys at C. Alvarez want to explain the primary custody situation to help alleviate parental stress.
What Factors Affect Which Parent Gets Primary Custody?
While every family’s situation is different, the living conditions of the average family in the United States in many regions, Florida included, share common custody issues.
For example, currently, in post-pandemic America, the number of stay-at-home moms has increased to nearly a quarter of mothers throughout the United States. This means that the number of women who are their children’s primary caregivers has increased. The role of the primary caregiver is to care for the child physically. This includes ensuring they are fed, dressed, housed, and supervised.
Being the primary caregiver means that you are more likely to know and understand the needs of the child in question. This is a big reason mothers in the past, and still to this day, are looked to first to be the primary caregiver until evidence to the contrary is presented.
More Factors to Consider
While the rise in stay-at-home mothers contributes to the increase of mothers receiving primary custody over fathers, it’s not the only reason. There are other factors to consider.
One of the biggest to remember is that a large percentage of parents settle 90% of child custody disputes before submitting their agreement to family court. These parents skew results because their custody agreements are ones they’ve resolved and are centered around their children. The results are based on statistics or what the courts usually see.
Sometimes parents have to go to court or mediation to agree, and 51% of these still decide that the mother is the best option.
How Important is the Opinion of Family Law Court?
Family law courts are supposed to operate in a way that ensures what’s best for the children in a divorce. More often than not, they recognize that the parents know what’s best for their child. That being said, if the parents offer an agreement that the court feels is unacceptable they can deny and amend it. This is a rare occurrence, and our attorneys can help make sure this doesn’t happen.
If the parents can’t agree or come to a settlement, the court will try to find the best solution for the child. In Florida, it’s assumed that what’s best for the child is to have both parents in their life as much as possible. In this case, both parents have shared legal and physical custody. If this isn’t possible, the court will place the children with which parent is the more experienced or capable primary caretaker.
If need be, a court will restrict one parent’s access to the child in cases of abuse, or in cases where one parent’s physical or mental health has deteriorated.
Contact the Family Law Attorneys at C. Alvarez Law For Help
It’s understandable to be anxious about child custody when you begin your divorce. This will affect your relationship with your children, how often you see them, and how you will have to raise them. The first thing you want to do is make sure you have an experienced attorney in your corner.
Even if your divorce is amicable, an attorney can provide peace of mind and guidance to you during the process. We can ensure that there are no mistakes or legal misunderstandings that cause unnecessary challenges for you.
In the case that your divorce isn’t entirely amicable, we can represent you in court or help you negotiate during mediation. You are not in this alone. For information on how we can help and to discuss your situation, contact our child custody attorneys today.
C. Alvarez Law
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