We all want to believe that the court system is impartial and unbiased, yet, we far too often see and experience just the opposite. Long ago, there was a time when women were oppressed in the courts, but with the rise of cases against men for negligence and abuse, men have become penalized in family courts. This phenomenon has made it imperative that men are well represented in divorce and child custody hearings to uphold their rights and the outcome is fair. Here are several ways that courts have a bias against men and how we can fight for what we deserve. Bargaining Power According to the Exchange and Bargain Theory, the spouse who has the most resources has greater bargaining power in a divorce. This theory points out that the person who has more significant income and is more self-sufficient holds the cards when marital discourse arises. In the perspective of the court, an independent woman who files for divorce is most likely capable of providing a better life for herself and her family. Therefore, the court may have a bias in how it rules and favor the woman. Expectations Of Women Gender bias in family court can also be explained by another theory related to women’s modern expectations. In the past, women were primarily home-makers who were in charge of raising children and taking care of the home. However, gender roles today have evolved, and more mothers are working outside of the house. This theory surmises that the mother’s role in the family seems more encompassing and essential than that of the father’s position. She is still considered to be the primary child care provider. Some courts can show bias towards an employed mother as she is deemed to have greater value to the family. Statistics Show Bias According to a U.S.Census report, more mothers are awarded custody of children, and more men are considered absentee parents. With these findings, mothers are almost twice as likely to be awarded child support as well. Only about 25 percent of fathers who are awarded custody of a child receives child support, while around 55 percent of mothers received court-ordered financial help. How To Ensure Your Rights Are Protected With the growing evidence supporting the bias against fathers and men in family court, having competent and experienced representation is vital to a successful outcome. Men face various challenges in divorce proceedings that require expert knowledge to navigate. Morris Firm For Men rises to meet this challenge by devoting our practice to representing men in legal proceedings. We work to meet your needs and exceed your expectations in all legal matters.
Do Family Courts Have A Gender Bias? Let’s Take A Look
