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Does the mother always get the kids?

On Behalf of | Apr 15, 2020 | Child Custody and Parenting Time, Paternity

Historically, fathers did not normally end up with custody of their children after a divorce. However, many things have changed in the modern family courtroom, and the rights of fathers are one of these things. 
 
One of the most important changes has been the switch from general sole custody to co-parenting. In the past, it was very common for mothers to end up with custody of the children, particularly if the children were young. However, according to FindLaw, it now is very rare for one parent, whether it is the mother or the father, to end up with sole custody of the children. 
 
Why co-parenting? 
 
Generally speaking, children thrive when both parents are equally involved with their upbringing, even if those parents are now divorced and no longer cohabitate. This means that, since the courtroom works to protect children’s interests, co-parenting is the most common custody arrangement. 

In co-parenting, both parents will share legal and physical custody of any children involved in a divorce. This typically means that both parents continue to live relatively close to each other so that the children can move between households easily and still be able to maintain their education and social connections. In the event that one parent moves further away, the court may mitigate the co-parenting arrangement to reflect this.

When is sole custody awarded? 

Sole custody is typically only awarded if one parent has a demonstrated problem with violence or addiction. This means that, whether you are male or female, both parents are equally valued in modern custody consideration. The mother no longer automatically gets custody of children: as a father, you have equal rights under the law. 

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