Are courts more likely to award custody to mothers than fathers?

Burnsville, MN family law attorney John Burns talks about the notion that courts are more likely to award custody to mothers more than fathers.

Contact John Burns

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Phone: (952) 898-6834


I know when I first started practicing there was an unspoken presumption that moms were more likely to get custody, in particular of young children. I’ve really seen a change in that regard from the judiciary. They truly are looking to make it gender neutral in their analysis. The main concern that I’m going to have when meeting with a father who is pursuing a custody is to make sure that it makes sense and that it’s in the best interest of the child or children so that we’re analyzing our case from the perspective of what does the child need, and the legislature, in revising the best interest standard within the last few years, has really changed that focus. It’s no longer about who has done what. It’s more important to say, “How has what the parents have done affected the children,” and that’s what we’re going to do with our male clients is build up their examples of what the children will have by way of a benefit if they have more of a primary role.