Students looking for free, top-notch essay and term paper samples on various topics. Gender Equality in Child Custody Evaluations, Does it Exist? Not only living situation wise, but women who don’t have a stable source of income are often not seen as a problem in the eyes of the court. In a perfect world, all parents would retain custody of their children after a divorce or the dissolution of a relationship. With all these legal fees the father will also have to pay for any attorney fees; and for the attorney themselves. Gender bias in a child custody decision is considered as a type of sex discrimination and a violation of the Constitution. Egypt Until the 19th century, a male prerogative over guardianship and legal custody of children was the norm in Roman law and in secular … Inequality in the courts has been taking place ever since they have been around. look at BOTH the mother and father for the best living situation). Welcome to the United Nations. Although in the past decade there has been an increase in equal residential custody, mothers are still much more likely to be awarded primary residential care. We hear a lot about how the courts are biased in favor of mothers when deciding child custody. It is advisable to file a case against your employer and have your case determined by a judge or jury. She recently took the children on holiday to England and decided to stay. This usually brings about a full inspection into both parents history, so to decide the right choice and not send a child out of state with an unfit parent. The problem isn’t that they refuse to acknowledge it, the problem is it’s acknowledged and yet nothing is done about it today. There should be more options available to the father that cannot pay; such as working the payment off in community service or being forced to an assigned job for a certain amount of payment until the balance is resolved. Love for a male child is so much so that from the times immemorial we are killing our daughters at birth or before birth, and if, fortunately, she is not killed we find various ways to discriminate against her throughout her life. Where MacKinnon pointed out the male-gendered assumptions often On top of that, when it comes to dishing out child support, the mother will likely have the advantage; also awarded more money “In spring 1992, about one-half (6.2 million) of the 11.5 million custodial parents were awarded child support; award rates were higher for mothers than for fathers (56 percent compared with 41 percent)” (U.S. Department of Commerce). In times of both peace and conflict, adolescent girls face the highest risk of gender-based violence. All of this is taking place due to courts going for what they feel would be the ‘best interest’ of the child, rather than the main negatives and benefits for each parent. However, if a father was awarded custody, and wanted to move out of state to “start fresh again” or maybe “pursue love in another are”then more often than not the court would deny the father the ability to move out of state. Everyone has the legal right to work anywhere regardless of their gender. She recently took the children on holiday to England and decided to stay. In times of both peace and conflict, adolescent girls face the highest risk of gender-based violence. This study identifies some of the most prevalent custody and child maintenance regimes in cases of divorce, dissolution of a civil union, and separation of parents. Using hypothetical divorce cases we examine the role of gender stereotypes in decisions about child custody. It is very surprising that the sex ratio of India is totally unbalanced with around 908 girls for every 1000boys and this ratio is even less in some selected states where girls are considered to be a burden. Our society’s assumptions have changed about a host of topics, from gender roles to environmental awareness and many other issues. Despite the code, Algeria’s Constitution, passed in 1989, legally allows inequality between the genders. How Top High End Family Law Attorneys Have Learned To Discreetly Gain The Upper Hand In Child Custody Cases By Adding Highly Skilled ‘Behind-The-Scenes’ Forensic Psychologists as Consulting Members of Their Litigation Team. 8:57. There are also a few things that need to be addressed regarding the quote. “No case so clearly prohibits consideration of sex in custody cases. The sole real difference between men and women (that being, when there *is* going to be a child brought into this world, which of the sexes is going to be doing it) has been used to hurt women. The “primary caregiver” is the parent who took care of the child the most before the custody hearing. It should not come as a shock that men face antiquated gender stereotypes when going through a divorce, and that fighting these can lead to lengthy, expensive legal battles that still result in unfair settlements once a judgment is finalized. The birth of a girl child is not so much welcomed by some families in India. Custody Relocation Case Study: A Judge’s Ruling on Moving Out Of State, Cordell & Cordell Divorce Lawyer    May 2014. Not only is it now well-known and admitted, but many feel with the removal of ‘tender years’ law (feeling that women raised the children, this should be primary caregiver) that inequality was taken care of; this obviously not being the case. These differences in achievements typically favor men. People might think that inequality is only towards women but this is incorrect. 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