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Do mothers always get custody of the children?

On Behalf of | Apr 11, 2024 | Child Custody

If you’re a mother, perhaps the scariest thing that can happen after a divorce is not getting custody of your children. Courts typically favored the mother when awarding custody rights in the past, and as of 2018, four in five custodial parents were mothers.

However, with more women working outside the home, along with the shift in gender roles, custody laws no longer necessarily favor the mother over the father.

How child custody decisions are made – and won

Per Tennessee child custody laws, your child’s best interests typically prevail over your and the other parent’s desires or requests. According to this standard, whoever takes custody of your child must be able to provide a safe and stable home environment and assure their well-being at all times.

If you receive both physical and legal custody of your child, you will likely be responsible for making basic, daily parenting decisions. You might also have to make other important decisions, including where your child lives and studies, who is allowed to visit and for how long. Custodial parents typically have the right to receive public benefits and make medical decisions on their child’s behalf, as well as other extracurricular activities, including religious affiliations and travel, until their offspring comes of age.

To win a child custody case, you should gather all documents and evidence that demonstrate why granting you custody is in your child’s best interest. A seasoned divorce attorney can help you understand your state’s child custody laws and your rights as a parent.

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