Ive heard that courts immediately presume that the childs mother should get “primary custody” of children. Is that true?
This is absolutely false. This concept comes from an old legal doctrine known as the “tender years doctrine.” This outdated concept assumed that it would be best for children to spend their formative years with their mother. Over the years, however, we have discovered that gender is not a factor that should be considered when determining which parent shall determine the residence of the child. Instead, courts will turn to the “best interests of the child” and look toward other facts (see above).
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