Published: 2009-12-22
Article provided by Bishop Law Office
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Years ago, the concept of "Mr. Mom" - a dad raising the kids - was a novelty, a punch line and certainly not the norm. Today, with about half of all marriages ending in divorce and parenting roles becoming less rigid, fathers with significant custody rights have become more common.
Old Stereotypes Fall by the Wayside
In the past, gender-based stereotypes rendered the father the backup parent, and it was virtually automatic that courts would favor the mother. The "Tender Years Doctrine," a judicial presumption employed in divorce cases, provided that when all other factors were equal, custody of a child of tender years - generally under the age of 13 - should be awarded to the mother.
The doctrine has been eliminated in most states, including Arizona, and a major shift in parenting dynamics has emerged. Men are adopting more of a hands-on approach, fighting for the right to be considered equally in custody evaluations and decisions. Experts say the courts are paying close attention.
Evolving Parental Roles
The traditional nuclear family model is changing. Roles are reversing or becoming blurred. More women are pursuing careers and more men are accepting the responsibility of being the primary parent.
As more fathers seek custody during divorce, the trend is toward "shared schedules," or joint custody, where parents split time with the child equally.
Studies Show That Shared Custody May Be Beneficial
Recent Arizona State University studies indicate that shared custody between divorced parents can actually prove to be healthier for the child than living solely with one parent. A study conducted by Harvard University found that children in joint custody settings fared better than those in sole custody in the areas of depression, deviance and school grades.
An Ohio State University study showed that children in joint custody arrangements scored higher on measures of well-being, such as displaying less aggressive behavior, than children in other settings. Evidence continues to illuminate the benefits of parents' setting aside their personal differences and making decisions together in the best interests of the children, and the trend in the courts is shifting from choosing between parents to involving both of them in the care of the children.
Domestically and legally, a new dynamic is forming in which involved dads aren't raising eyebrows any longer - and they just might be raising healthier kids.
How Custody Is Decided
Shared custody is of course not appropriate in all cases. At the same time, the issue is not which parent is the superior parent, but rather what is in the child's best interests. Many parents believe that a parenting time order should be proportionate to which parent has provided the best care for the child. The court may order equal parenting time even if one of the parties has been the primary parent in the past. In the same context, the court may decide the non-primary parent should be given the opportunity to take on more parental responsibility now that the parties are no longer married, and the roles of the father as the breadwinner and the mother as the homemaker will be altered by necessity after the divorce.{
Sole custody orders may still be appropriate where there has been domestic violence, drug use, ongoing alcohol abuse, neglect and other actions which may affect the children's well-being. Many parents are still awarded sole custody or are deemed the primary residential parent depending on the circumstances.
The bottom line is that there are no custody presumptions based upon whether you are the mother or the father. Rather, many circumstances affect what is in the children's best interests, and what custody and parenting order is appropriate.
The parents' circumstances and the children's best interests may also change over time. The court's initial custody and parenting time orders may be appropriate at the time they were entered. However, the courts are generally open to changing such orders as children get older and circumstances change.
