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Old 05-25-2010, 04:05 PM
Mess Mess is offline
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If you have a situation with one breadwinner out of the house working and one caregiver who is stay-at-home, then there will be a bias toward giving more custody to the stay-at-home. Essentially this is tracing status quo back to when the marriage was intact. The argument is that the childrens' lives are less disrupted, the working parent has less experience with childcare and has probably been less involved all along.

If that's not true, then the working parent has to show it. The judge wasn't there in the home with them 24/7 and has to go by what seems likely.

The situation right now seems to be, shared parenting where all else was equal, ie both parents were working out of the home. Where one parent was stay-at-home, then from what articles and statistics I've seen, the custody will end up mainly with the stay-at-home.

Is this gender bias or is it role-playing bias?

Now the question, "Should the default be 50/50 shared parenting when the situation during marriage was not 50/50", that is a different question and I don't have an answer for it.
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