No, that's not true anymore. In 1973 (please someone correct me if I am wrong) washington abolished the "tender years" doctrine which held that women should be favored to receive custody prior to the child reaching five years of age. during those "tender years" they stood a better chance by law but no longer.
if you find that the other side is on drugs and have proof of that you can win no matter if it is a man or a woman. really that is key. but if she has been breastfeeding come on.... who would have been spending more time with the child? ......and that is the main determinant of custody : who has spent the most time with the child. if you can prove that you can probably gain main custody and be the recipient of the child support order. if the pattern for the last six months has been that the child was with you, you should file for custody before things change back if you believe you are the better parent.
remember, don't try to have me help you get custody if you are not sure you are the better parent because eventually i will leave your case. but at the same time everyone needs to see their child and has visitation rights.
I have to agree with part of what you are saying cb6234: there is almost no accountability for how child support recipients use the money.
many mothers (and fathers too, to be fair) use the kids as a meal ticket. period. You can get the judge to order that daycare go directly to the daycare provider and that they be a legitimate outfit. why not w/childsupport? if the person paying wishes, they
should be able to elect into a system where the person could pay portions of rent or pay a certain set amount based on expenses of necessities actually purchased and see receipts thereto....how many boxes of macaroni was that?
FATHER OR MOTHER FOR CUSTODY? to play the devil's advocate: if women were not meant to spend more time with children why were they born with breasts and breast feed? young children/babies need to breast feed continuously and there is a need for a person with mamaries (ie not you cb) to be nearby and not off in some distant field chasing tomorrow's supper. Perhaps out of this born our early jurisprudence: the "tender years doctrine" which held that a child under 5yrs was presumed (yes presumed) to be placed with the mother. In 1973 washington state abolished that case law through statute. You can put on evidence of breastfeeding....perhaps not live demonstrative evidence....(ok stop laughing) but it is relevant.
The Crime rate and other problems of our society has caused a litigation explosion (and it is not just the lawyers) which places an enormous burden on the dockets. as we spend time housing illegal immigrants who commit crimes (i believe 28% of californias inmates are illegals) the entire system is strapped. the time allowed for temporary custody hearings in king county has been cut in half just during the last 10yrs i have been doing them.
one thing to remember: why would a family court judge or commissioner care more about helping your wife hurt you than ensuring the well-being on an innocent child who often has nobody there in the courtroom on their behalf?
family court is a place where your own rights can seemingly disappear....but you might ask yourself could it be worse for you if you never went to court, never submitted a declaration, never spoke your case?
I've seen mothers slammed on the family law calendar. Other times they get away with bloody murder through carefully planned use of the "child-pawn". Keep your own conscience clean is all you can do for yourself and the child sometimes.
Seattle Divorce Lawyer - Site Owner, Washington Divorce Laws, Procedure, Forms, Court Papers & More)