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In Divorce Battles, Dads Are Getting Custody

Categories: Divorce & Custody, In The News, Childcare, Single Parenting

Fathers are finding favor in the courtroom. Credit: Getty Images

In a changing world, more men are changing diapers. And they're flying solo.

Some 2.2 million women in the United States do not have primary custody of their children, according to Working Mother magazine and.an estimated 50 percent of fathers in custody battles get the children.

"Not long ago, men usually paid the child support and doled out the alimony," writes Sally Abrahms in the magazine. "Moms (working or not) almost always got the kids in messy divorce wars. Years of changing diapers, wiping noses and kissing boo-boos gave them the edge. But now the tide is turning."

Mothers used to get preferential consideration for custody under what the courts called the "tender years doctrine." Judges held that mothers are the more suitable parents for children under 7. That doctrine was abolished in most states in 1994.


Now, because of the recession and changing social attitudes,women are about to outnumber men in the work force for the first time in American history. Men are particularly hit by job layoffs, but New York City divorce attorney Raoul Felder tells The New York Times that this works in dads' favor in terms of child care.

"Men are now able to argue that they spend more time with the kids than their working wives do," Felder says, who's represented such high-profile clients asRudy Giuliani, Robin Givens and Rita Williams-Ewing, ex of Patrick Ewing . "This is one of the dark sides of women's accomplishments in the workplace. They're getting a raw deal in custody cases, while men are being viewed more favorably."

What do you think? Is this a raw deal for mothers? Or is it justice for fathers who have been historically denied the chance to raise their children?

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