When spouses embark on a journey towards divorce, they may have some doubts if the court will be fair to them. Or is the judicial process such that the merits of their position are fairly heard?
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There was a time in the development of the law when women had a distinctive advantage in matters related to children.
Some might dare say in the 50s and 60s there may exist a certain judicial bias in divorce proceedings. Courts would tend to give custody to the moms.
With dads out working, and the moms being home most of the time, they have closer rapport with children. Moms have better ability to deal with the emotional and psychological issues of raising the children cause she has been doing it the whole time.
The law is there of course to preserve the rights for everybody. And this means there isn’t really a gender bias supposed to be coming from the bench. The bench is supposed to be blind to that.
The statue of justice we are familiar with. Shows a popular image of a woman holding a set of scales. The image representing a woman is blind folded. This image represents the best part of the law. The woman represents giving justice without regard to whoever is before her. It doesn’t matter if you’re a man or a woman.
The court and the judgment it dispenses based on the law has to be just because it’s the right thing to do. The law has already departed from any kind of gender bias or has made a strong effort to do so.
This is how men’s rights are preserved in custody issues because the statute now says we don’t look at a bias toward men or bias toward women. We report to the best interest of the child.
We do so by evaluating the circumstance of the child based on 12 unevenly weighted factors the court takes into account. These factors are the basis for determining whether or not the child should go with mom or dad.
The merits of the case in a divorce process is evaluated not based on whether or not somebody’s wearing a skirt or someone’s wearing pants. That’s not how the future of the child is determined by the court.
The court now does it based on the best interest factors.
What could be more reasonable?
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.