Why do women get sole custody rights over men?

Answer 1

Background:

It's not a matter of courts "siding with the mother". There are reasons why mothers are more often granted physical custody of young children.

Up to and through the early twentieth century fathers were typically favored by law for child custody if the marriage ended. That custom gradually changed since the courts had to acknowledge that the mother was the primary care giver and she should keep raising the children in their tender years. That presumption gave way to the best interest of the child doctrine in the 1970s. It is a fact of family life that mothers usually provide the day to day, primary care of their children even if they work outside the home.

Today many fathers take an active role in raising their children. If the father was the primary caregiver then he should be considered for primary custody since caregiving should be the main qualification for awarding physical custody along with a healthy, stabile and safe environment. Fathers who have taken an active role in caring for their children are getting custody more often. A father who wants custody must consult with an attorney who specializes in custody issues who can review the situation and explain the father's rights and options.

Generally, shared parenting is the best possible solution. Fighting over custody often has other motivations at its root such as wanting to hurt the other parent, wanting to maintain control and wanting to avoid paying child support. The mother is often the target in custody battles and those battles can set the stage for years of legal wrangling.