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Could a class action suit by divorced fathers who were unfairly denied custody of their children due to gender bias be successful in a state court?

Could a class action suit by divorced fathers who were unfairly denied custody of their children due to gender bias be successful in a state court?

In my humble opinion, no.

1) Judges are given extraordinarily broad discretion in divorce and child custody cases, 2) each family’s disputes are in at least some ways unique, and 3) courts don’t like it when they are sued.

It would thus be very difficult to convince an unwilling appellate court that men are unfairly denied custody as the result of some kind of institutional bias (even though it’s obvious that such an institutional bias exists).

Utah Family Law, LC | divorceutah.com | 801-466-9277

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