Lifestyle

Do Mothers Get Child Custody More Often Than Fathers?

Published

3 years ago

December 9, 2022

Many people assume that mothers have the upper hand over fathers in custody battles, but this is not always the case.

In this article, we’ll go over why many assume that the mother always gets custody, how things are different today, and what judges really consider when granting custody rights.

Let’s get started!

Why many assume mothers get custody

In the past, mothers were almost always the primary caregivers of their children. So it made sense to give them custody (instead of giving it to fathers).

Plus, for many decades family law followed the “tender years” doctrine, which dates back to the late 19th century and states that children need their mother during their early, developmental years. Most fathers didn’t contest.

But today, there are no laws that codify a gender preference in who should gain custody over a child. And while it’s true that historically mothers were nearly always guaranteed to win custody battles, this is increasingly no longer the case.

How things are different today

Modern gender roles have evolved. Today, there are more women in the US college-educated labor force than men, and young women are out-earning young men in several US states.

Now that more women enter (and excel in) the workforce, the idea that they are always the primary caretaker no longer holds.

Some couples share equal responsibility in taking care of the kids and providing. In some households, women are even the main breadwinner. Since 1967, the share of breadwinning or co-breadwinning mothers has more than doubled.

What this means for custody battles is that fathers are often just as good, if not better, at taking care of their children. As a result, many men are being awarded full or equal split custody.

That said, the mother is often still favored in custody battles that involve very young children. For example, if a baby relies on the mother for breastfeeding, she will more than likely gain custody. However, if the infant is bottle-fed, a father may have just as good a chance at winning custody since they can do the job just as well.

It all depends on what the best interests of the child are.

What the judge considers when granting custody

To determine how to split custody rights, a judge will take many factors into consideration. Here are just a few:

Which parent is most able to provide a safe and stable environment for the child?
Which parent can provide for the child financially and physically in terms of essentials, like food, shelter, medical care, clothes, and so on?
What is the state of each parent’s mental health, criminal record, and personal habits?
Where does the child want to live?
How old is the child and do they have special physical or mental needs?
Will the child have to move and adjust to a new city, school, friends, and quality of life?
Did either parent bring false or malicious charges of child abuse against the other? Is either motivated to gain custody only to lash out at the other parent?
What is the child’s relationship like to each parent? Has either parent ever abandoned the child?

The list goes on, but you get the idea. When parents fight over custody rights, the judge weighs all the factors above to determine where the child would do best.

The final verdict

At the end of the day, child custody decisions are made on a case-by-case basis. Most result in partial custody to both parents, but not always.

On average, mothers are still granted around 65% of custody time, while fathers are given around 35%.

Whether you are a father or a mother trying to win custody rights, try to maintain a civil and respectful relationship with the other parent at all times. Being vengeful will only hurt your case. Be sure to maintain a positive relationship with your child as well.

Lastly, it pays to consult an experienced family law attorney who can help you know your rights and give you the best chance of winning custody over your child.

Lifestyle

Finding the “Best Virginia Personal Injury Lawyer Near Me:” A Complete Guide

Published

16 hours ago

March 4, 2026

Michelle Langton

Getting injured in a car accident is a stressful time. After all, you could face serious injuries that affect you for the rest of your life.

Thankfully, a good personal injury lawyer can help you navigate this complex moment in your life, but it can be easy to get overwhelmed finding the right one. If you are a resident of the Old Dominion and Googling “best injury lawyer near me Virginia,” look no further than the Richmond law firm Burnett & Williams.

One of the most common questions people ask about hiring an attorney after a car crash is “When should I contact a lawyer?” The answer is as soon as possible.

After receiving medical care, your next call should be to a personal injury attorney, as they will be able to get the ball rolling on your personal injury claim. A sense of urgency will help them fight to get you the compensation you deserve and prevent you from making any mistakes with the insurance company that will hurt you in the long term.

An important thing to keep in mind when hiring a personal injury attorney is the statute of limitations, the state-imposed deadline by which a victim has to file a lawsuit. If you miss this deadline, you could be barred from receiving any damages for the accident.

Although the statute of limitations can vary from state to state, in many states, including under Virginia law, it is two years from the date of an accident. If you delay hiring an attorney, it gives them less time to prepare your case.

Why hire a personal injury attorney?

But what does a personal injury attorney do that helps your case? The main benefits of hiring a personal injury attorney include:

Investigation: After hiring an attorney, they will begin an extensive investigation process. They will collect all records, including police reports, medical records, witness statements, and photos you took of the scene. They may also revisit the scene of the accident or consult expert witnesses, such as medical experts or accident reconstruction specialists, to build the strongest possible case.

Negotiation: Your lawyer will then get to work crafting a demand letter to the insurance company (or companies). One of the best things about hiring a personal injury attorney is that they handle all communications and negotiations with insurance companies on your behalf. Not only does this mean that you are less likely to fall victim to the insurance adjusters’ pressuring tactics, but it also allows you to focus more on what matters most: your recovery.

Trial representation: While many personal injury cases end in settlements, sometimes both sides cannot come to an agreement for fair compensation. In these cases, your claim will proceed to trial, where it will be heard by a judge and/or jury. When a personal injury case goes to court, it is important to have a skilled trial lawyer on your side who is willing and able to argue your case.

How to determine which Virginia personal injury lawyer is best for your Virginia injury claim

However, it can be difficult to determine which personal injury attorney to hire. There are tons of radio ads, billboards, and Google search results that all claim to be the “best injury lawyer near me,” so how do you know which ones actually are the best? Attorney C. James Williams III, principal at Burnett & Williams, guides us through what injury victims should look for when hiring an attorney.

One of the first things to look for when hiring a personal injury attorney is their fee structure. The best personal injury lawyers typically work on a contingency fee basis, meaning they are paid a percentage of the final settlement or award. These are the “we don’t get paid unless you win” guarantees.

While other specialties, such as criminal law, operate on an hourly basis, the status quo for personal injury law is a contingency fee. “Be suspicious of anyone who asks for an upfront retainer or hourly rate for your personal injury case, as this could imply that they don’t think they can win your case,” Williams advises.

It is also important to look for a law firm with a specialty area that correlates with your specific accident. “Not every lawyer is trained and equipped to handle every personal injury case,” explains Williams. “For example, truck accidents involve additional complex laws beyond the typical auto accident case. So do motorcycle accidents. An attorney who has only ever handled standard car accident claims might not be the right fit to handle one of these cases.”

But perhaps the single biggest factor to consider when choosing the best injury lawyer near you is their track record. “More often than not, experienced personal injury attorneys’ results should be able to speak for themselves,” says Williams.

If a law firm has good reviews online and has a history of winning big settlements and jury awards, chances are they are a good choice to hire. “And as a bonus, the better the reputation, the more leverage you get in the negotiation process,” Williams adds. “Insurance companies are often scared to go to trial against a lawyer they think they might lose to.”

If you are looking for the best Virginia personal injury lawyers, look no further than the skilled and experienced attorneys at Burnett & Williams. “Contact us today for a free consultation,” concludes Williams. “We will review your case and determine if we can help get you the compensation you deserve.”