Is the mother more likely to be granted primary residential parent status and be awarded final decision-making authority?
The new parenting plan law states: “It is the legislative intent that the gender of the party seeking to be the primary residential parent shall not give rise to a presumption of parental fitness or cause presumption in favor of or against such party.” This statement did not change the law. Therefore, all things being equal, in reality a mother is still more likely than not to be granted primary residential parent status and be awarded final decision-making authority, but not always for the reasons one might expect. Depending on the court, one reason may be that, in most situations, the mother may have more time to devote to the child than a father employed in a demanding profession. Another reason may be that the mother may have more experience in child rearing and may have an established track record in raising the parties’ child. Keep in mind, however, that there are many exceptions for many reasons. In certain situations, as was for one couple from Germantown, Tennessee, the father
