Are Women More Likely to Win Custody?

Dependable Family Law Attorneys Pursuing the Optimal Outcome for Women and Their Children

No, women are not more likely to win custody. In fact, family law Judges are required to make decisions free from gender bias, meaning male and female parents must be treated equally. That being said, if a child’s mother has historically taken on most of the parental responsibilities, the family court may favor an arrangement that allows this to continue.

This is because all family law decisions must be made based on a child’s best interests, which usually means keeping both parents involved in the child’s life while fostering as much stability as possible.

If you are facing a child custody dispute, it is essential that you have the help of a child custody attorney who is dedicated to your case and truly cares about your well-being and the well-being of your children. The key is to minimize conflict wherever possible in order to protect children and allow parents to negotiate an agreement that works for them.

However, if this is not possible, your attorney must also be prepared to stand for you in court and fight for an arrangement that meets your children’s needs and your own.

Family Law Attorneys at Woodford Sathappan McGee

At Woodford Sathappan McGee, our attorneys only represent women. We help mothers and their children on a daily basis and our goal is for them to transition into a new life, feeling confident and secure in their future.

We understand that a child custody battle is one of the most difficult things a person can face. You are likely to feel deeply concerned about your children’s well-being and your financial security as a single mother. However, with our help, we will fight to protect your rights and ensure you have the tools to move forward.

We offer a free consultation, so contact our law office today at 380-212-3731 to seek advice from a dedicated child custody lawyer for women.

Types of Child Custody Arrangements

The language used to describe custody arrangements differs between states. However, Michigan, Indiana, and Ohio all use physical custody and legal custody. In most cases, some form of joint custody arrangement will be granted, but this can take many forms.

Legal Custody

Legal custody describes a caregiver’s right to make important decisions on a child’s behalf. Those decisions could include where the child goes to school, what medical and dental care they receive, and what religious practices they engage in.

Legal custody could be granted to one or both parents and is treated separately from physical custody. In fact, it is common for parents to share legal custody even when the child primarily resides with one parent.

If parents share legal custody, they will be required to work together to make decisions on the child’s behalf. At Woodford Sathappan McGee, we will help minimize conflict wherever possible so that you can foster a healthy relationship that allows for communication and joint decisions.

Physical Custody

Physical custody describes the time each parent spends with their child as their main caregiver. It also encompasses decisions such as where the child lives most of the time, and who has responsibility for a child’s day-to-day care.

Most cases will result in some form of joint physical custody arrangement unless one parent poses a risk to their child’s well-being. In this case, a parent could lose their parental rights.

Physical custody can take many forms and while parenting time could be split equally, this arrangement could cause too much disruption for the child. Therefore, it is common for one parent to have primary custody, meaning that the child lives with them most of the time.

The court will not favor the mother when deciding who to grant primary custody to. However, if the mother has historically taken on most of the parental responsibilities, then this could impact the Judge’s decision to allow this to continue. On the other hand, if a male parent has historically taken on most of the parental responsibilities, then they could also be granted primary custody.

If one parent is granted primary custody, the other parent will have visitation rights. There is a minimum amount of visitation that must be awarded that varies between states. However, a typical visitation schedule could be every other weekend and one weekday evening each week.

Sole Custody

Although most child custody cases will result in some form of joint custody arrangement, there are also situations where one parent could be awarded sole custody.

Sole custody is only granted if the other parent poses a risk to their child’s well-being. Examples include a history of abusive or neglectful behavior, substance abuse issues, or a criminal history. However, even if a parent has historically behaved in a certain way, the Judge will still require substantial evidence if they are to take away a parent’s rights.

An attorney from Woodford Sathappan McGee can help you file a protection order, if necessary, that will keep your spouse away from you and your children. We will then help you evidence your claims to a Judge to fight for a decision that protects everyone involved. Even in cases involving a threat to a child’s wellbeing, the Judge could still order supervised visitation. So, it is important that an arrangement is reached that meets everyone’s needs.

Deciding Factors for Custody Determination

All family law decisions that involve children must be made based on the child’s best interests. It is generally considered in a child’s best interest for both parents to remain in the child’s life while keeping the child’s life as similar as possible.

Some important considerations when determining custody include:

• The extent of each parent’s involvement in the child’s life, including attending school functions or arranging medical treatment.
• The impact of custody arrangements on the child’s social circle, such as friendships and extended family members.
• Each parent’s ability to fulfill their child’s present and future needs.
• The parent-child bond of both parties.
• The child’s wishes, particularly if they are 14 years of age or older. However, their best interests must also be considered in the ultimate decision-making process.
• Whether there is any indication of potential harm to the child’s well-being, including a history of abuse, substance abuse, or criminal convictions.
• The mental and physical health of both parents.
• Each parent’s preferences.

Child Support Payments and Child Custody

Parents have a legal responsibility to ensure that their child’s financial needs are met, including shelter, food, clothes, and more. Usually, if one parent is granted primary custody, the other parent will be required to pay child support, as child support is designed to make the costs of parenting more equal.

Child support will be ordered in line with state guidelines, which use a formula based on factors such as each parent’s monthly income, how many children the parents share, and the nature of the custody arrangement.

However, in some cases, child support payments will exceed state guidelines. This is usually reserved for high-asset divorces where the child has additional financial needs, such as private education. A deviation from child support guidelines may also be justified if the child has a mental or physical incapacity.

How Are Child Custody Decisions Made?

A family law Judge will expect parents to try to come to amicable agreements with the help of their attorneys. The agreement will then be presented to a Judge and it should be approved if it is in line with state law. The correct representation can make a big difference in how well you can negotiate and protect your rights.

If an agreement cannot be reached, then you will be required to attend a hearing so that the Judge can make a decision on your behalf. When this happens, you lose some control of the situation and need the representation of an attorney who can present your case in court and ensure that your voice is heard.

How to Find the Best Child Custody Attorney

Having the right support and guidance will make a big difference and ensure that your child’s best interests are advocated for and prioritized. Due to the importance of the decision, it can feel overwhelming to find the right attorney. To make it a little easier, here are a few things to look for:

A Free Consultation

Many family law firms, including Woodford Sathappan McGee, offer a free consultation, which allows you to make judgments without committing to anything.

Relevant Experience

It is important that an attorney has experience in matters that are relevant to you. For example, if you are navigating a high-asset divorce, then it’s important that your attorney has helped people in similar situations before. It is equally important that you like your attorney and feel comfortable speaking with them. Family law issues are highly personal and you should feel confident in your representation.

Shared Values

There is nothing more personal to us than our family life. Therefore, it is important that you and your attorney share similar values. For example, some attorneys take an aggressive approach and are quick to take matters to court, while others prioritize negotiation and aim to reach amicable decisions wherever possible. You should consider what approach is right for you and your family.

At our law firm, we always prioritize negotiation where possible. We do this because it helps protect important family dynamics, while also saving time and money on lengthy court proceedings. It also helps to protect children from conflict both now and in the future.

Skills in Litigation

Although it may be beneficial to prioritize negotiation, it is also essential that your attorney is an experienced litigator. If your attorney is not prepared to present your case in court, then it could leave you vulnerable. You may be required to change attorneys at the last minute and quickly prepare your case.

At Woodford Sathappan McGee, we always work to build a robust case on your behalf, and we will be ready to present it in court at any stage. We are experienced trial lawyers and can help clients with even the most complex cases, such as those involving abuse or high-conflict custody battles.

Narrow Focus

Some attorneys claim to do everything from family law to criminal defense. However, when a law firm is dedicated to a narrow area, such as family law, it means that all of its experience, resources, and time are spent helping people in a similar position to you.

Our law firm takes it one step further because we exclusively represent women in family law matters. We believe that this narrow focus gives us a unique ability to meet the needs of women and their children.

Available and Adaptive

There is a lot at stake when you are dealing with child custody, and it is important that your attorney makes you feel supported. Although an experienced family law attorney may have a full caseload, they should still be prompt to answer your questions, and they should take time to keep you updated with your case.

At our law firm, we take a highly personalized approach to the attorney-client relationship. We believe that legal guidance should begin with empowering you with knowledge of your rights so that you can make decisions from a place of clarity. We are committed to adapting to your needs and supporting you with your case from start to finish.

Are Women More Likely to Win Custody? FAQ