Is There Gender Bias in Family Court?

Is There Gender Bias in Family Court?

Men and women have to go to family court to resolve family-related disputes, including disagreements over child custody and child support. Everyone should be treated equally in the judicial system, but many men believe that the family courts tend to favor females. Is there gender bias in family court? Here’s what you should know:

Custody is Often Awarded to the Mother

The judge will take a number of factors into consideration when determining who should receive custody, but, by law, gender is not to be one of these factors. Nonetheless, mothers are awarded child custody far more often than fathers. In fact, only one out of every six custodial parents are fathers. Even though this statistic proves that women are awarded custody more often than men, it doesn’t mean there is gender bias in family courts.

According to Pew Research Center, the average married father spends around 6.5 hours a week engaging in primary childcare activities, whereas the average mother spends nearly 13 hours per week performing these tasks. Therefore, it’s very likely that the family courts are awarding child custody to mothers more often because they are the primary caretakers of children.

Pew Research Center also found that 27% of fathers who do not live in the same home as their child’s mother do not have any contact with their children. This indicates that some fathers may not want custody of their children, so they allow the mother to have custody.

Custodial Parents Receive Child Support

People also believe that the courts favor women in child support disputes. While it’s true that women are awarded child support more often than men, this can easily be explained. Child support is typically paid by the non-custodial parent to the custodial parent. Therefore, if women are more likely to be awarded custody of a child, women are also more likely to receive child support.

Looking at only custody and support statistics, one might easily conclude that courts favor women, but there are reasonable explanations to explain the disparity. Nevertheless, fathers concerned about how court rulings may affect their parent-child relationship should be armed with a divorce attorney who will protect their interests.

Fathers who are preparing for family court should seek legal representation from the attorneys at Adams Family Law. We understand that the bond between a child and a father should never be broken, and we will fight to ensure it remains intact. To schedule a consultation, call 513-929-9333 or email

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