How do you feel about the fact that in divorce, the mother seems to get custody of the child almost by default? Wouldn’t it make more sense to have 50/50 custody by default, or an actual assessment on which parent is more suited?
This is an excellent question, and an insightful one.
First, it is a fact that the mothers get custody of the children more often than do the fathers. Even if you factor out those fathers who could be awarded custody due to parental fitness issues or work schedules that are incompatible with sole or shared custody, mothers get custody more often than fathers.
Second, it would not just make “more sense” to have 50/50 custody as the rebuttable default presumption because that would be an impartial, equitable basis on which to start building the child custody analysis, it’s the only impartial, equitable way to start the child custody analysis. Assuming one sex is better than the other is inherently discriminatory and sexist.
Third, once we eliminate any presumptions that one sex is better than the other, we are clear to make the child custody determination based upon an actual assessment of whether the children are better off in the sole or primary physical custody of one parent, instead of in the joint custody of both parents.
Utah Family Law, LC | divorceutah.com | 801-466-9277