I cannot speak to US law and practice in family matters, but in deciding on a contested divorce settlement in the UK, the judge will try to give major, if not decisive weight to the interests of the children, so far as those can be ascertained.Gunnar wrote: ↑Thu Jul 23, 2020 6:09 amI would like to see his answer to that question too. Probably one of the things he will claim is that women sometimes do seem to have an unfair advantage in child custody cases. From what I have seen in the news, there does seem to be some justice in that claim.Jersey Girl wrote: ↑Thu Jul 23, 2020 1:30 amIn what ways do you think women have the upper hand in the court system?
If the children are young, and have mainly been cared for by their mother (note the bolding), that will move the judge towards ensuring that the mother and the children are still able to live in the parental home. When the family assets are not large, that will often put the husband in a difficult financial position, since he has to find a place to live as well as contributing to the family upkeep. But if preserving the interests of the children requires it, that is the way the judge will incline. And on the whole I think the difficulties caused for the husband in such cases are outweighed by the interests of the children, whatever issues there may be between the parents.
If of course the father has been the main carer, the situation would be reversed. But that is not very often the case. When there are disputes about who really has been the main carer, the known facts about the widespread tendency of men to overestimate the amount of housework and childcare they provide in comparison to their partners will mean that the father claiming to be a main carer will have to provide fairly solid evidence that that is really the case. That may seem unfair to the father, but the judge has to decide on the basis of how things are known to be in the real world.
And of course the matters discussed above are quite separate from matters of access rights and so on.
Divorce when there are children of the marriage and family assets are not large will always be a painful and messy business. It is rare for both partners to come out of it feeling good.