Family Court & Child Custody

It is no secret that child custody outcomes have been overwhelmingly gender-biased for decades. It’s so well-known, in fact, that many law schools include it within their Family Law curriculum – they actually prepare students to face sex discrimination in the courtroom. Here are some recent statistics on U.S. family and household composition:

  • 25.8% of all U.S. children live in single-parent households (2019).
    Of these, 83% of the time the child will live with their mother; just 4.4% of children live in a single father household (2019).
  • In 2018 “…approximately half (48.8%) of all Black children lived in families with their custodial parent, while their other parent lived outside their household, more than twice as large as the proportion of White children (22.7%).”
  • By 2022, 37.2% of Black children lived with just one parent – nearly triple the number of White children that year, and nearly double most other races. While 29.9% of co-resident parents in 2022 were mothers, just 10.1% were fathers.
  • 82.5% of co-resident fathers in 2022 were married and lived with their spouse, compared to just 63.8% of co-resident mothers.

Think this doesn’t happen very often?

  • Custodial parents are still mothers nearly 80% of the time. As of 2018, fathers won physical custody just 20.1% of the time.
  • Custodial fathers tended to be older than custodial mothers. In 2018, 54.6% of custodial fathers were 40 years or older, compared to 41.6% of custodial mothers.
  • In 2018, custodial fathers were also more likely than mothers to be divorced (39.1%) and less likely to be never married (29.3%).
  • The same year, custodial fathers were more likely than custodial mothers to be non-Hispanic White (62.9 percent) and less likely to be Black (15.1 percent).
  • In 2017, one-half (51.4%) of custodial mothers were employed full-time, year-round in 2017, while 21.6% did not have a job. Full-time, year-round employment for custodial fathers in 2017 was higher, 74.3%, and only 9.2% did not work at any point in the year.

Despite clear evidence that many fathers exceed criteria within notoriously vague “best interest” statutes, and can also provide a stable household and financial foundation for their children, mothers are still awarded custody and granted child support orders far more than fathers. We believe these disparities are based on DISCRIMINATION AND BIAS.

Despite it being decades since the Women’s Rights movement gained mainstream traction, and despite thousands of annual programs in cities and states around the country to promote women’s equality, antiquated views apparently still run the Courts. Judges still appear to wholly endorse that “women are better nurturers,” that “men are better providers,” that “women should stay home with the children instead of working to promote family values,” and a clear bias that “single fathers should be older, wealthier, fully employed, have been married previously, and White if they want to win custody” in America. The awarding of custody to mothers also brings forth the likely awarding of child support – again perpetuating the outdated gender role that a father’s role is to provide for his children, not to raise them.

This practice is so common – even in more “progressive” jurisdictions – that many men feel it is a lost cause to attempt equal shared parenting, let alone full custody. Many family law workers refer to fathers as “invisible” in these proceedings, as they are so often excluded, ignored, and discouraged from pursuing equal time with – and equal decision-making for – their own children.

Sources