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Is there still a bias against fathers in family court?

There have been many steps forward for family courts in Texas when it comes to bias in custody rulings. Traditionally, in this country, mothers were often given the benefit of the doubt and awarded the physical custody of the children as long as she was not proven unfit. Fathers had little ability to gain custody because of this uneven playing field. While courts claim this bias no longer exists and that both parents come into a custody case on equal footing, you may wonder if this is really the truth.

According to the National Parents Organization, studies have shown bias still does exist in family courts. It comes from a historical perspective that children belong with their mothers because mothers are the ones who spend the most time with them. While this may no longer be true in today's society, many judges still take this stance. They see fathers as the one who focuses on making money for the family while the mothers actually raise the children. This bias means judges give mothers custody far more often than fathers. 

The main issue here is judges in family courts are told to be objective and to look at the parents equally. They are bound by the law to be neutral and not bring personal opinions into the courtroom. They are supposed to be impartial, but they certainly are not. 

While not every judge will be biased, enough are that it is still very common for mothers to get custody of children over fathers. This information is for education and is not legal advice. 

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