History of Custody Rulings

In most places in the United States, custody is awarded to the mother of the children. This is due to a sexual stereotype that has been played on heavily throughout the years. But it hasn’t always been that way…
In ancient days the father’s had EXCLUSIVE rights to their children, as if they were property to be owned. They were free to do as they pleased with their children including kill or sell them! In divorce, custody was ALWAYS awarded to the father, as they were his asset!
In the nineteenth century gradually the outlook of divorce and custody began to change. The courts began applying limits to the father’s right to custody. Custody would be removed the father’s rights even if he was found to be “immorally fit”… such as atheistic or malicious beliefs or opinions. Upon this time, it was believed that children had special needs that mothers could better provide. This was called the “tender years presumption”. The Talfourd Act of 1839 gave the courts the authority to award custody of children under the age of seven- to the mother. But this however was only a temporary custody arrangement. Once the children reached around the age or five or six, the father was thought to be more suitable as a parent and custody was shifted to the father. This at least, made a little bit more sense. This arrangement was at least better than the thought that the mother was ALWAYS in the best of interest of the child. However, today’s legal system still has yet to find this reasoning again…
Over time, the age in which the tender years custody arrangement was switched over to the father, extended longer and longer until eventually it disappeared entirely. Psychologists started to stress the importance of the natural mother/child bond. They said that the relationship of a child and a mother were essential to healthy growth of the child. They said that motherly love was a dominant trait that father’s just did not possess. Therefore a child needs their mother’s care more than their father’s.
Eventually the courts started following a guideline that we will call “the best interest of the child” standard. This replaced the tender years presumption. The best interest standard supposedly focuses on the child’s needs more than the parents attributes. But this is not always the best case either…
There was a case of a mother who was taking pornographic photos of her 4-year-old son. When the father came across them, he immediately sought out custody. The child and the mother were both sent for psychiatric evaluation. The mother admitted to what she did and they child told stories of suckling on his mother’s breast. The psychiatrist declared that the relationship between the mother and son was anything but healthy… but in the end, for whatever reason, recommended to the court that custody be given back to the mother. Because the psychiatrist supposedly believes that research said that a child NEEDS their mother for healthy growth… WHAT? That’s crazy!!! Yeah… but that’s the way it is. The court will normally do whatever the psychiatrist deems recommended. And this is not always in the “best interest of the child”!
Stereotypes of men, women and children dictate custody arrangements. It has been assumed that mother’s are better suited to love and for their children and father’s are better to protect and provide for their children. Therefore mother’s are given full custody to love and care for the child… and father’s are slapped with an insane Child support order and a couple days of visitation to protect and PROVIDE for the child.
This is based on nothing more than folklore and we have got to get the justice and legal systems to change their way of thinking!!!