A curiosity question to those in the legal profession that see Family Law cases. Back in 1980s, the movie, Kramer vs Kramer, portrayed a scenario with child custody. For those who may never had seen it - the mother decided to leave the father and their toddler son behind for personal reasons - most likely she simply wasn't happy in the marriage. The man is forced to become a single father and has custody de facto of the child, where he does his best for the child. There are of course things that happen with children, such as the time that the boy is shown to get injured and bleeding after an accident occurs in the park. Eventually, the mother comes back and challenges for custody, where the court then grants her custody of the children despite that she did leave the child behind. I think in the case, her attorney brought up the accident in a showing that he may be an unfit parent. Another big issue it seemed in the court was the ability of each parent to earn an income and maintain a job. Being Hollywood, the father gives a stirring testimony emphasizing that he does the best he can and he is always there for the child. The child knows he can depend on his dad and taking custody away would then hurt the child. In a show of compassion the mother decides to effectively dismiss the custody battle by telling the dad the child can stay with him and she just wants to see him which he lets her do unsupervised.
My question is how accurate do the issues raised around custody from the movie is actually reflected in the courts of today. In your experience, did you think there is a presumed bias towards mothers in child custody cases. Is each parent's job security and ability to maintain a job really factor into the custody determination? I know for child support, income matters and each side can ask the court to impute an income if there is a belief that one side is choosing to reduce their income.
Statistics show that times have changed. While back in the 1980s, it happened less that a mother would leave the family unit and their child behind to go elsewhere, it has become more "equal" where the number of mothers leaving is getting closer to the number of fathers leaving, and more and more often fathers actually are the sole caretakers of the children than before.
My question is how accurate do the issues raised around custody from the movie is actually reflected in the courts of today. In your experience, did you think there is a presumed bias towards mothers in child custody cases. Is each parent's job security and ability to maintain a job really factor into the custody determination? I know for child support, income matters and each side can ask the court to impute an income if there is a belief that one side is choosing to reduce their income.
Statistics show that times have changed. While back in the 1980s, it happened less that a mother would leave the family unit and their child behind to go elsewhere, it has become more "equal" where the number of mothers leaving is getting closer to the number of fathers leaving, and more and more often fathers actually are the sole caretakers of the children than before.
Custody and Visitation Issues: Do Custody Courts Still Have a Bias Towards Mothers
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