Robert L. Sharpe Family Law Blog on Lawyers.com

Fathers find even playing field in Child Custody Courts

Thursday, November 26, 2009 by Robert L. Sharpe

Photo of Robert L. Sharpe

Women's accomplishments in the workplace can be a two-edged sword when it comes to child custody.

A mother's career can be a liability in custody battles, says Hollywood attorney Laura Wasser, whose clients have included Britney Spears and Kate Hudson: "Judges want to know who the hands-on parent is, who spends more time with the children."  

High-profile lawyers quoted in the December/January issue of Working Mother magazine claim that courts no longer heed what is known as the "tender years doctrine," the presumption that children younger than 7 belong with their mother.

Job layoffs from the recession have led to many more "Mr. Moms" being at home, and in the case of divorced or separated parents, more fathers seeking primary custody. The economic downturn has prompted many men to lose employment while forcing women into the job market as they assume the role of breadwinner.

"Men are now able to argue that they spend more time with the kids than their working wives do," says celebrity lawyer Raoul Felder.

The extensive, eight-page article is worth reading. Its author presents an argument that the trend of questioning a mother's ability simply because she has a career is unfair to working mothers. As one mother stated: "We supposedly live in a modern age, and yet I had to justify my nurturing abilities because I have a job?"

More may be found at www.workingmother.com

 
Posted at 22:22 PM
Topic: Family Law
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