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Mothers Do not Get Preferential Treatment in Custody in addition to Parenting Cases

Many of my clients have discussed with me their parenting in addition to custody questions in addition to have an assumption of which the mother (in a heterosexual couple) will, by default, have priority in a custody or parenting issue in law. of which can be true of which historically, courts used to assume of which after a divorce or separation, the children were always best off living with their mother. of which view reflected society's notice of which women were naturally better caregivers than men, in addition to of which as such, children should stay with their mothers post-separation. of which was an especially curious view when the children were young, as children of "tender years" were assumed to need their mother's connection, in addition to the role of the father was de-emphasized. Nonetheless, as a family lawyer, of which can be clear to me of which family law courts currently weigh a wide range of considerations in producing determinations of custody, access in addition to parenting arrangements. of which can be no longer true of which there can be a presumption in favor of the mother getting sole custodian or primary parenting of the children. Conversely, there can be no presumption of which fathers should have a lesser or minimum role in their children's lives.

Family courts emphasize the best interests of the children. As such, any custody, parenting or access arrangement should foster the children's best interests. In almost all cases, of which can be assumed of which the children's best interests are served by their having a not bad relationship with both parents. If of which can be possible in addition to reasonable, children may spend roughly equal amounts of time with each parent. If such an arrangement can be not practical, the children will live most of the time with one parent, who will be the 'primary residential parent.' of which could then normally be expected of which an arrangement be made of which maximizes the children's time with the parent they do not live with.

Courts often try not to vary the children's home life arrangements in addition to schedule with their parents too drastically through the status quo. of which means of which if a child has been living exclusively with one parent in addition to has not spent any time with the additional parent, the court will be cautious in introducing parenting time for the parent the child does not live with. of which can be thought of which the best interests of the children, especially young ones, includes refraining through extreme improvements through their status quo. However, of which can be likely of which, barring critical factors to the contrary, the court will see of which as inside child's best interests to develop or maintain a relationship with both parents.

of which can be extremely rare of which one parent will be excluded entirely through having time with their children. Even if there can be a great geographical distance between the parents, in addition to even if the parents themselves do not get along, if the non-custodial parent wants to see their kids, they will generally be given the opportunity to do so. To do otherwise could be to take away the children's right to grow up with both parents involved in their lives.

If a court can be involved in determining a custody in addition to parenting arrangement, the court will consider where the parents live, their work schedules, the children's activity schedules in addition to ages, the role of which each parent has played inside children's lives up to of which point in addition to the ability of each parent to care for the children in producing the final determination. Courts will not give preferential treatment to a male parent over a female parent in determining custody or parenting schedules, as these are not relevant considerations as to the best interests of the children.

Let's look at an example. The parents of 10 year-old twins have recently separated in addition to both want the children to live with themselves. Parent A lives close to the school of which they children have attended for the past four years. Parent A includes a flexible work schedule of which allows him to pick the children up after school in addition to take them to their after-school activities. Prior to the separation between the parents, Parent A in addition to the primary caregiver of the children. He took time off work to take the children to medical appointments, for school activities in addition to to attend with them at their after-school hobbies. Parent B lives far away through the children's school in addition to works long hours at work. Given her isolated location, there can be nobody of which could assist with after-school child care or to help take the children to after-school activities. In fact, of which may not be possible for the children to continue with their hobbies if they move in with Parent B. Additionally, Parent B does not have a driver's license or automobile. Parent B did not have much involvement with the children's lives prior to separation. Given these factors, of which can be likely of which while both parents will have custody of the children, they will have their primary residence with Parent A in addition to will have parenting time (access) with Parent B.

Parents should always remember of which they are entitled to draft their own parenting arrangements in addition to arrangements, which can then be made into a formal agreement or even a court order. Parents can work on their own, use a trained mediator, or seek the assistance of collaborative legal professionals to come to an agreement. Given the wide range of parenting schedules in addition to options of which are available, in addition to the uniqueness of each family's situation, of which can be often the parents who can think of the best arrangement in addition to schedule for their children. of which can be there forever always worth the parents' efforts to try to come to an agreement before going before the courts.

Nonetheless, should of which be necessary to present your custody or parenting matter to the courts, do not make the mistake of assuming of which the female parent will receive any preferential treatment. The judge will make a decision based upon his or her belief as to what can be best for the children. Given of which of which can be no longer assumed of which a female parent can be a better caregiver than a male parent, there are no grounds for a court to determine of which the children's best interests are better served simply by living which has a female parent if all additional factors are equal .

Please note of which of which article can be written through my perspective as an attorney practicing in Alberta, Canada. You should always consult with an attorney in your own jurisdiction to see how the relevant laws apply to your case as they may differ through the principles stated herein.



Source by Lisa Tose

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