Dispelling the Myth: Mothers Always Get Custody of Children


Dispelling the Myth: Mothers Always Get Custody of Children


There is a common misconception that mothers always get custody of children in divorce or separation cases. However, this belief is not always accurate. In this blog post, we will discuss the reality of child custody arrangements and shed light on the misconceptions surrounding this topic.

The Misconception

It is understandable that some individuals may believe that mothers always receive custody of the children. This misconception may stem from personal experiences or stories they have heard. However, it is important to note that child custody cases are not determined solely based on gender.

When it comes to child custody, the court’s primary concern is the best interests of the child. The court evaluates various factors, such as the child’s relationship with each parent, the ability of each parent to provide a stable and nurturing environment, and the child’s own preferences (depending on their age and maturity level).

Legal Advice vs. Procedural Information

Before we delve further into this topic, it is crucial to clarify that this blog post does not provide legal advice. The information presented here is based on procedural aspects of child custody cases. If you require legal advice, it is advisable to consult with a qualified attorney who can assess your specific situation.

Joint Legal and Physical Custody

In many cases, child custody arrangements revolve around joint legal and physical custody. Joint legal custody means that both parents have equal rights and responsibilities when it comes to making important decisions for their child’s upbringing, such as education, healthcare, and religious practices.

Joint physical custody, on the other hand, refers to an arrangement where the child spends significant time with both parents. This does not necessarily mean a 50-50 time-sharing arrangement, as the specific percentages may vary depending on the circumstances. For example, if the mother is not employed and the children primarily reside with her, she may have a higher percentage of time share by default. However, this does not necessarily need to be documented as such.

Child Support Calculation

An important aspect often tied to child custody is child support. Child support calculations typically consider factors such as the income of both parents, the amount of time each parent spends with the child, and other relevant expenses.

While the percentages of time share may be used in child support calculations, it is essential to understand that they do not dictate custody arrangements. The court focuses on determining a fair and reasonable amount of child support based on the financial circumstances of both parents and the needs of the child.

Individual Court Cases

It is important to acknowledge that court cases can vary, and judges may have their own tendencies or leanings when it comes to child custody matters. Some judges may have a predisposition towards granting more time to one parent over the other, but this does not mean that all judges follow the same pattern.

It is crucial to remember that each case is unique and is decided based on the specific circumstances and evidence presented. The court’s ultimate goal is to create a custody arrangement that serves the best interests of the child.


In conclusion, the belief that mothers always receive custody of children is a myth. Child custody cases are determined based on various factors, with the primary focus being the best interests of the child. Gender alone does not determine custody outcomes. It is essential to understand the legal procedures and consult with a qualified attorney to navigate child custody matters effectively.