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Awarding custody – are these decisions set in stone?

It’s true that in previous generations, mothers were primarily awarded custody of the couple’s children as a result of divorce (unless she was unable to take care of them - through illness, for example).


Perhaps this was a more practical solution when fathers were traditionally the main breadwinners of the family. Times are different now, however.


Today, it’s not that it’s less likely mothers would receive the bigger share of any custodial arrangements, they just wouldn’t automatically receive such rights.


Courts take a whole host of information and considerations into account when making a custody judgement. They look at how many children each parent has (not just the ones born into the marriage they’re working on finalising). They look at the practicalities: where the child would live and the space/privacy that would be afforded to them; whether the child would need to change schools depending on the custody decision; current and future work commitments of each parent; the financials; the relationship between the child and each parent…and much more.


Gender does not come into the equation; however, just through the law of averages, more women are the primary carer in a family, even in 2019. That said, decisions that award primary custody to fathers are no longer rare.


Rucklidge’s Family Law, as a member of Resolution, work towards what is best for the child. A good custody arrangement is apportioned jointly, with both parents having equal say and equal involvement in their child’s life – something that today’s courts uphold wherever they possibly can.


Need help with any Family Law matters please contact us here

info@rucklidges.co.uk

0113 880 0864

Roscarrs Barn

3 Roscarrs, East Common Lane

Barlow, Selby

YO8 8EG

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Rucklidge Law Limited is a company registered in England and Wales with the registered number 12098511 and authorised and regulated by the Solicitors Regulation Authority SRA number 666766.  Registered Office: 5 Orchard Close, South Milford, Leeds, LS25 5BQ. Details of the SRA Standards and Regulations can be found at www.sra.org.uk

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