Is It True That Mothers Always Have The Advantage Over Fathers In Custody Cases?

Mothers Versus Fathers

As a Berks County Child Custody lawyer, Attorney Guillama is consistently asked whether Mothers have an advantage over Fathers in child custody cases. It is this concern that has prompted the Pennsylvania State Legislature to enact a specific section within the Pennsylvania Child Custody Statute ensuring that the Court does not give preference to any party in a custody case based on gender.

Specifically, 23 Pa.C.S.A. Section 5328 subsection (b) states “In making a determination under subsection (a), no party shall receive preference based upon gender in any award granted under this chapter.” Although a Judge may rule in any way he or she deems to be in a child’s interests, it is clear that at no time can the Judge make a decision based on one party’s gender.

If you would like to discuss the nuances that go into the Court’s deciding any particular custody case, contact Berks County Child Custody Lawyer Joseph A. Guillama for a free consultation.