Is there gender bias in child custody proceedings?

On Behalf of | Feb 9, 2023 | Child Custody |

Traditional gender roles designated fathers as the breadwinners and mothers as the primary caregivers. However, society has since evolved and there are currently no gender-specific roles that strictly apply in the modern world.

Still, you may be worried as a father that gender bias will play a role in your child custody proceedings. Fortunately, the law has adapted to societal changes, and the parent’s gender is not a swaying factor when deciding who gets custody of the children. Here is what you need to know.

The children’s best interests take center stage

Child custody decisions in Tennessee are based on what is best for the children. Therefore, the court will only look after the children’s best interests during custody proceedings. Some of them include:

  • The existing parent-child relationships
  • Each parent’s ability to fulfill parental responsibilities
  • The child’s emotional needs and development level
  • The child’s preferences if they are old enough and capable of making such decisions
  • The character and behavior of people who live with or frequently visit the parent
  • Evidence of physical or emotional abuse to the child or to others by either parent
  • Any other factors that the court may deem relevant

Notwithstanding the parent’s gender, the court will only issue custody orders that best serve the children’s interests. It means you have an equal chance of getting custody of the children unless there are underlying reasons to the contrary.

Protect your parental rights

Your gender may have nothing to do with the custody proceedings, but it does not mean you should sit back and await the court’s decision. It helps to take a proactive role to increase the chances of a desirable outcome. For instance, having evidence showing your parental abilities may help make a case in your favor.

Most importantly, do not hesitate to reach out for help with your child custody case. Having the proper legal guidance during custody proceedings could make a huge difference.