Quote:
Originally Posted by bayleaf
The first is not a gender question, but simply this: why should the primary caregiver get sole custody?
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Because if two parents are unable to come to a consensus as to how to care for the children in the aftermath of a family breakdown, the court's best solution is to look at who cared for the kids prior to separation and to continue that.
The court understands that it is in a position of weakness vs the parents in understanding what's best for the kids. But if the two parents cannot agree and force the court to decide for them, the court's best solution is to keep the routines for the kids as best as possible in the face of all the other changes the children are being required to deal with.
That doesn't necessarily mean sole custody, but it does mean primary residence stays the same. And that's why it's cardinal sin #1 in family law to leave the home without a separation agreement and without the kids.