There was a time in the 1970s when it was almost a foregone conclusion mothers would receive custody of their children unless they were unfit. Custody today is determined without discrimination as to the gender of the individual asking for custody. Mothers are no longer first on the custody line! The theory that mothers, because of their biology, are a better parent is a debunked myth. Mothers no longer automatically receive custody. The “tender years doctrine” which held mothers should receive custody of young children because a mother had a greater ability to provide love and care for young children and were better suited to meet young children’s needs is no longer accepted in the courts of New York. The argument that mothers had some type of biological superiority to become the residential custodial parent of children is now considered to be only a myth.
Fathers play an extremely important role in raising their children today. Fathers who are the principal caretaker of their children are becoming more and more common in America. Changes in who will receive custody of their children have been impacted on by changing gender stereotypes. The courts giving equality to both sexes concerning the issue of who should be the child’s custodial parent. The development of father’s rights attorneys who effectively litigate on behalf of fathers seeking custody of their children have also impacted on helping fathers receive custody.
About Elliot S. Schlissel
