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Statistics on Divorce: Who Is More Likely to Get Custody?

Posted by Thomas Huguenor on July 31, 2017 in Child Custody

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If you are thinking about asking for a divorce, you probably have a lot of questions. One of the most important concerns for many people is what will happen to their children (and who will get custody).

Many studies have been done on divorce in the United States. There is a notion that courts are biased in favor of women when it comes to custody, but that may not be entirely true.

Yes, More Children Do End Up with Mom, But…

According to the National Center for Health Statistics, the divorce rate for couples with children is 40% lower than for couples that don’t have children. Of course, parents still do get divorced. Half of all American children will see the dissolution of their parents’ marriage. And of those children, almost half again will see a parent’s second marriage end.

Obviously, divorce is a part of American life. But while 75% of the children of divorce will live with their mother, that does not necessarily indicate the courts are biased towards the mother. In fact, the vast majority (91%) of custody orders are agreed to outside of the court system, whether through mutual agreement or mediation. Many of the accusations of bias fail to take this into account.

Courts Take Many Factors into Account

Of course, this does not mean there is never any bias. It just indicates that custody is a very complicated process. In California, courts will generally look at a number of criteria when determining who should get custody.

The number one guiding principle throughout is “What is in the best interests of the child?” In addition, California also believes that children benefit from having consistent and continuing contact from both parents. A judge will also consider the following:

  • The child’s preference
  • The child’s health and safety
  • Continuity and stability with regards to home and school life
  • The ability of each parent to care for the child, including financially and emotionally
  • Past history of violence or substance abuse
  • The age of the child
  • The child’s emotional ties to the parent

With all that being said, whether you are a mother or a father, you have the exact same rights when it comes to custody. At The Law Office of Thomas M. Huguenor, our family law attorneys have a proven track record of successfully fighting for parental rights. Call one of our knowledgeable representatives today at (858) 458-9500 to discuss the particulars of your situation and learn about how we can help protect your family.

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Posted in: Child Custody

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Huguenor Mattis, A.P.C. is a San Diego, California firm practicing exclusively in the area of domestic relations law. We handle a wide range of matters including divorce, child custody, and child support. Whatever your situation we can be of assistance. Feel free to contact us today.

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