Who Can You Claim as a Dependent on Your Tax Return? She specializes in divorce, death, career changes, and caring for aging relatives. By employing language and stating tests and elements that favor to women and mothers over men and fathers without overt references to men or women, such laws still manage to discriminate in favor of mothers over fathers without appearing to be indulging in blatant sexual discrimination. Child Custody: what does it mean in divorce, and what factors determine who gets child custody? Even if you decide to represent yourself in court, you should discuss the child custody laws in your state with a qualified attorney. So if you have a judge who is over the age of 60 years, and you are a fit and loving father who wants to be as involved in your children’s lives as you want their mother to be, odds are you have an uphill battle before you. What Is Divorce Insurance Coverage, and Can You Get It? "The custody laws in our country were based on the sexist belief that mothers are better than fathers at raising children," said Linda Nielsen, a professor of … Each state has different child custody laws. Will the Courts See It This Way, Too? These judges remember how awful it felt to be limited to time with their fathers on alternating weekends and holidays. "Home." Some states may also assume that in the case of unmarried parents, the mother automatically has custody, while others expect single mothers to file for custody, even if the father is not involved. IRS Tiebreaker Rules for Multiple Taxpayers Claiming the Same Dependent, Sharing Child Custody? Whenever possible, the courts want to see both parents continue to be involved in a child's life after a divorce. Will Taking Them to Court Help? Now the problem lies primarily not in the law but in those who administer the law: the judges. Jennifer Wolf is a PCI Certified Parent Coach and a strong advocate for single moms and dads. Utah Family Law, LC | divorceutah.com | 801-466-9277, https://www.quora.com/How-many-states-favor-giving-the-child-to-its-mother-in-a-custody-hearing/answer/Eric-Johnson-311. Discuss the situation with your ex and establish some ground rules for changing the schedule. Winning a child custody case is about a lot more than understanding child custody laws. There may still be a few states with laws on the books that surreptitiously favor mothers over fathers. Is This an Attempt to Avoid Paying Support, and Should I Worry? The bad news: Seventeen states … When it comes to child custody, laws are usually not your biggest impediment to a fair child custody award. Some states presume that parents have joint custody, while others do not. At the same time, don't do anything to aggravate the case against you. Utah Family Law — Divorce and Family Law Done Right, How Utah courts have parents take care of their children after divorce. Can I kick my spouse out of the house without his/her consent? Even if they never exercise their child custody rights, the courts would rather have the option of later holding them accountable for paying child support if you or your child require financial assistance. Division of Child and Family Services (DCFS), Divorce Education and Orientation Courses, QDRO (Qualified Domestic Relations Order), Stalking Injunction/Civil Stalking Injunction, Utah Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). How to Avoid and Resolve IRS Audits Over Claiming Dependents. When and How Two Taxpayers Can Claim the Same Dependent. Custody Laws . "Home." The question is not whether a particular “state” favors awarding custody of children to mothers over fathers, but whether particular judges favor awarding custody of children to mothers over fathers. How many states favor giving the child to its mother in a custody hearing? Some states presume that parents have joint custody, while others do not.