Does custody automatically go to the woman in a divorce?

Question

A lot of men here say that's the case, and it's due to feminism. I find that hard to believe.

Answer 1

yes it does, fact she can pack up the kids and leave and it is ok for her to do so and no law against it. id like to see a man try that. go ahead and tell me that it be fine and the guy would not get arrested.

Answer 2

It does in most countries and states. Only the reasoning changes. If she has been the primary caregiver she gets custody, if he has been the primary caregiver he is a bad example and she gets custody (actual ruling), a woman would have to mess up BIG TIME to not get primary custody (talking drugs and the like) and even then she still has good chances to get custody after all.

Some states in the us have begun to adopt share custody as the standard ruling in divorce cases, heavily opposed by N.O.W.

Iam always susprised how feminists readily suspect sexism behind any imbalance at the "disadvantage" of women with no trouble at all believing it is sexism that we dont see 50% women engineers, however when the numbers are skewed in the favour of women, of a sudden its all so hard to believe.

Note iam not saying sexism is the reason we do not see 50% women engineers.

Answer 3

Not automatically, but it does seem to be the family court default arrangement that the man must protest and prove the mother to be an unfit parent if he wants shared custody. That's NOT hard to believe.

It's not due to feminism, but due to the perception that women are automatically better caregivers than men. That's true more often than not, but the main problem is that the judges seldom even consider the father while ruling upon the "best interests" of the child. Custody can be removed from the father simply by allegations or accusations of abuse, but the mother pretty much has to be in prison or dead for custody to be taken away from her.

I asked a few questions like this awhile ago in different forums. Read a few of their real-life stories:

http://answers.yahoo.com/question/index;...

http://answers.yahoo.com/question/index;...

http://answers.yahoo.com/question/index;...

Answer 4

My dear we just cant lay the balme on the door of feminism.

Laws are enacted for the good of society but what really makes the difference between a complete social catastrophe and order is the integrity of law enforcement agencies and the judiciary.

To make laws like VAWA or DMV benefical and not an instrunment of misuse at the hands of women is a competent law body with NO MINDSETS OR STEREOTYPES.

Statistics are just numbers and every case merits individual attention and an open mind.

We are trying to get the DMV act in india made gender neutral and we are coming opposition from indian feminists and police and lawyers.

Why because these are the three that will benefit most from misuse of these laws and not the poor victimized woman or the innocent man.

By the way i started a mens organization after spending a few months on Womens studies(that is what it was called long back)

A better understanding of feminism is essential to social activism.

Bottom line it takes all kinds to make up feminists and mostly i have come across good ones atleast as far as the west is concerned.

Answer 5

It is due to feminism, because a long time ago women did not have the incomes to support their children in the event of a divorce. Feminism allowed for them to get custody of their children and to get alimony along with that. With the belief that children needed their mothers and that mothers played a larger role in childrens lives than their fathers. Basically equating the father to nothing more than a paycheck. Thats sick!

Answer 6

no not always it does faver the woman but not all the time .alot of men are getting custody of the kids.there share custody to

Answer 7

Every state differs but I would say in most states women do have the advantage but it's not like fathers don't have any rights to their kids.  I know a guy who won custody of his daughter and the mother wasn't a drug addict or anything, he just proved that he was a better parent than her.

Answer 8

we are afraid of abuse allegations, i know a feminist lawyer who advises her clients to always claim abuse

Answer 9

Legally, No. However it is much easier for a woman to get the custody of her kids than it is for a man, especially if the kids are below 3 years.

Answer 10

Not always. Most of the time yes it is a fact. Nowadays a lot of judges are making strides to put custody in mens hands to even the score I guess you could say. But it doesnt happen often and it still doesnt help the kids because most judges who are supposed to be looking out for kids first are instead still looking at gender.

So we still have kids who should be going to the best parent but are not because judges either want women automatically the custodian or they want men to be custodians to show they dont always favor women.

Either way it s the kids who suffer from it and its sad.

Answer 11

Yes, custody does automatically go to the woman, unless the mother is proven to be unfit. The father is always presumed to be unfit unless he can prove he is fit and a better parent than the mother.

Answer 12

No custody doesn't automatically go to the women in a divorce.  I know two men this year who were awarded primary custody of their children and in neither case was the mother unfit or a drug addict.  The courts simply decided that the child's life would be better at the fathers home.  They are shared custody but the primary parent is the father.  We need to stop looking at should a women or a man raise the child and see which one is the best choice.  The other most important issue is which parent the kids want to live with.

Answer 13

I believe both should share custody

Answer 14

No but women are more likely to win custody if it's disputed in court. This isn't feminism but society's assumption that women are better care-givers.