There was a comment posted last night in the blog I wrote entitled, “ Family Law…Who wins?” The comment suggested that the woman wins 100% of the time. I thought to reply with a comment but saw it more befitting to respond in a blog post.
Maternal bias in the judicial system stems from values that were instilled in American Society pre-1950s. During these times, as we all know, the women were the homemakers. They stayed home, made sure all the domestic duties were taken care of, and tended to the children 24/7.
As time progressed, men became much more involved with their children, many becoming stay at home Dad’s while their wives worked and were the breadwinners.
I do not condone Maternal bias in the system, but we must understand where it is coming from. Many of the judges on the bench are older, they grew up during those periods of time, and hold those same values. These same judges are aging out of the system and are beginning to retire. Therefore, the demographics of the bench are beginning to change.
There are more fathers with rights then there ever has been in the past. However, we still have a long way to go before we can even call it close to equal.
I will say that there is some truth to the fact that Maternal bias in the judicial system concerning family law does exist, but I must also state that this bias has been recognized and though it cannot be directly addressed, it is fading with the passage time and the changing of faces on the bench.
Some level of personal views of the judges will always come across on the bench, though arguably, a judge should be objective.
We all look forward to a time where this bias no longer exists and all parents can be on the same playing field in EVERY court room. We look forward to a time where the best interest of the children is really the priority with every judge, not just some.
If you’re in the middle of a custody dispute or are considering filing for divorce, please call Smith Legal Services for your free 20 minute consultation. Please visit www.mysmithlegal.com or give us a call at 240-245-0015 to speak with someone directly.