Some fathers have raised concerns regarding a divorce gender bias in favor of the children’s mother in the Rhode Island Family Courts.

When parents divorce, the decree of the Rhode Island Family Court will Order with whom the children will live (physical placement) and how often, and under what circumstances, the other parent will visit with the children.

In deciding which parent will have custody, the Rhode Island Family Court will consider many factors with the main consideration being, “the best interests of the children.” Frequently, the main factor is which parent has been the primary caretaker of the children throughout the marriage. In short, many parties have already determined who is the primary caretaker of the children before filing their Rhode Island Divorce. The RI Family Court is just recognizing their established child care situation.

Given the historic role of the mother as the primary caretaker of children, while the father is the primary “breadwinner,” it is not unusual that mothers have received the higher number of awards of placement. As society changes and more parents are sharing the role of breadwinner as well as caregiver, one can anticipate greater awards of custody to the fathers in those fact-specific situations.

Attorney Frank Flanagan can help you protect your family and your rights in custody and visitation decisions in the Rhode Island Family Courts throughout Rhode Island. Contact Frank below, or call us (401) 849-3337 today!

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