Divorce cases can sometimes be emotional, especially when there is conflict and the divorcing parties can’t seem to agree on child custody. It can be emotionally draining, mainly because you have to show the judge why you deserve to be granted custody of your children. As a father, you might worry that the court will favor your children’s mother over you.

That’s why having experienced Maryland family law attorneys to represent you is crucial. Skilled lawyers can use their skills in navigating complex child custody issues to enhance the case’s outcome. They can fight for your rights as a father to ensure you enjoy the same rights as your children’s mother.

Do Courts Prefer Mothers Over Fathers in Maryland

There is a common misconception that Maryland family law courts give more preference to mothers in custody cases. That’s because mothers tend to be on the winning end as primary custodians, hence the apparent prejudice against fathers.

However, deciding who gets custody of the children depends on the court’s determination of the child’s best interests. They’ll look for the parent who is most likely to look out for the children’s welfare while making the most preparation for their adult life.

Germantown child custody lawyers can help argue your case and show cause why you’re the better parent. They can fight for your father’s rights to ensure the court doesn’t sideline you when making the final decision.

Where the “Courts Prefer Mothers” Myth Started

The belief that courts prefer mothers over fathers in custody cases wasn’t always a myth in the past. Mothers were thought to be better suited for parenting roles because of their ability to nurture children. They stayed at home to care for the family, while fathers went out to work to provide for the family.

In separation cases, mothers would undoubtedly get custody. It was rare for fathers to seek custody because they needed to be out working and fending for their families. Men didn’t consider themselves qualified caretakers for their children. Sometimes, courts would still rule in favor of mothers even if a father requested custody, but that has changed.

Why Mothers Often Receive Custody in Maryland

In Maryland State, two specific situations exist where mothers are often granted custody:

  • The mother is unmarried, and paternity must be determined, at which point the father can fight for custody
  • If the father doesn’t comply with court custody orders in the absence of other guardian petitions

Unfortunately, fathers often misunderstand their custody rights and fail to put up a fight to win custody of their children. Fathers who want custody legally have the same chance of winning as the mother. Working with an experienced child custody lawyer in Germantown increases the chances of getting the most favorable outcome in your favor as a father.

Do Fathers Have an Equal Opportunity to Get Custody of Their Children?

The good news is that times have changed, and mothers have become income earners playing the role of breadwinners in the same way as fathers. On the other hand, fathers are taking on more child-rearing duties. Besides, judges have developed different perspectives on the roles mothers and fathers can play in the family.

Custody laws that give preferential treatment to mothers have also changed. Judges are now more inclined to consider the best interests of the child in deciding a custody case.

However, in the State of Maryland, custody cases are more complicated than the reputable presumption that equal shared physical custody is in the children’s best interest. Luckily for fathers, custody determinations are made without consideration of the parent’s gender. A Germantown fathers’ rights law firm can fight hard to protect your father’s rights in your custody case. 

How is Child Support Determined in Maryland?

Child custody laws don’t dictate who will automatically get custody of the children after a divorce. Like in most other states, the ultimate standard in determining custody is the child’s best interest.

Best Interest of the Child; A Complex, Yet Gender-Blind Standard

Courts routinely mention that the child’s best interest is the overarching standard governing custody cases. Due to this importance, mothers, and fathers shouldn’t think of custody in terms of their rights, as this argument invites incorrect analysis.

No formula exists to predict the outcome of a custody case, but factors that come into play in determining the best interest of the child are:

  • The desire of the parents to have custody
  • Each parent’s fitness to have custody
  • The character and reputation of each parent
  • A parent’s influence on the child
  • How the child interacts with other members living in either parent’s house
  • Financial support of each parent
  • Prior treatment towards the child, especially abandonment or surrender, if any
  • The availability of each parent to the child
  • Employment demands of each parent

These factors are not exhaustive, and the court will be as detailed as possible for a holistic approach to the final decision. Experienced child custody attorneys in Maryland can help you present your unique circumstances and how they make you best suited for the custody of your children.

Can Mothers Lose Custody of the Children in Maryland?

Any parent who has custody can lose those rights if they break the law. They run the risk of losing legal or physical custody in case of:

  • Poor behavior during divorce proceedings
  • Abduction
  • Abuse

If you can prove that your children’s mother was abusive towards the children while you still lived together, the court may deem them unfit to have custody.

A Compassionate Family Law Firm Fighting for Fathers’ Rights

It’s not uncommon for fathers to feel like courts give more preference to mothers in child custody cases. However, Maryland courts don’t give preferential treatment to either gender, and the child’s best interest is the standard consideration. As a father interested in having custody, a skilled and compassionate child custody attorney in Germantown can help you fight for it.

Our skilled child custody lawyers in Germantown can help you with the formalities involved in child custody cases. Besides, they can also provide legal counsel that enables you to prepare for the process to enhance the outcome. We believe in fighting for fathers’ rights and can do the same for you. Contact us to schedule a FREE case evaluation.