Are Judges Gender Biased In Custody Cases?

Law Offices of Stephanie L. Mahdavi A Professional Law Corporation Child Custody

There are few things more difficult than going through a divorce, particularly if there are minor children involved. In these cases, both parents and the court want what is best for the children involved. Unfortunately, there is not always agreement about custody and visitation arrangements.

It has long been argued that men do not get a fair amount of custody in divorce and separation cases. Today, we want to look at a study that highlights some aspects of gender bias when it comes to judges in custody cases. At the Law Offices of Stephanie L. Mahdavi, we are here when you need help with your custody case. You need an advocate to ensure that you are being treated fairly, so call us when you need a Westlake Village child custody attorney.

Custody Is Complicated

When it comes to child custody, the courts will be examining two types:

  • Physical custody which refers to where the child will reside.
  • Legal custody which refers to who gets to make important legal decisions about the child’s life (educations, medical, religious upbringing, etc.).

For both types of custody, the family court can decide if parents will have sole custody or shared (joint) custody, but it does not have to be the same for both types. It is common to have both parents share legal custody while only one has physical custody and vice versa. It is also common for one parent to have sole physical and legal custody.

Family law courts take many things into account when determining what is in the best interest of the child, including who has been responsible for the child most of their life, the income and living situations of both parents, allegations of abuse or addiction, and more. The goal is for all sides to be treated as fairly as possible.

However, a new study of trial court judges says that the supposed fair arbiters of the law “sometimes let their personal ideas about gender roles influence their decision-making.”

The study even says that judged with more experience in family law tended to engage in more biased decision-making than those who had less family law experience. The study found that judges in shared custody cases were more likely than laypeople to give more custody time to a mother than to a father, coinciding with traditional gender role biases.

How We Can Help

We know that going through a divorce or separation when there are minor children is incredibly difficult, but you do not have to go through the process alone. At the Law Offices of Stephanie L. Mahdavi, our knowledgeable and experienced team will work tirelessly to ensure that you are treated fairly and receive a favorable outcome. Whether you are a man or a woman is of no concern when it comes to us – we want to make sure your rights are looked after. When you need a Westlake Village child custody attorney, you can contact us for a consultation calling at 805-379-4550.

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