New Divorce Reality: Fathers Win Custody

According to Working Mothers Magazine, some 2.2 million divorced women in the United States do not have primary physical custody of their children, and an estimated 50 percent of fathers who seek custody in a disputed divorce are granted it.

The “new reality” of divorce is those women who are the primary earners in a marriage often see their husbands gain primary physical custody of their children when the marriage ends. Not long ago, Moms (working or stay at home) almost always got the kids in messy divorce wars because judges were swayed by the so-called “tender-years doctrine,” a presumption that mothers are the more suitable parents for children under seven. Many states have abolished this; moreover, women are poised to outnumber men in the work force for the first time in American history. The Great Recession has produced “a burgeoning crop of Mr. Moms.”

“Men are now able to argue that they spend more time with the kids than their working wives do,” says the veteran New York City divorce attorney Raoul Felder.

The percentage of fathers with primary custody will likely increase, which is one more example of shifting social views about parenting.

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