Family Law Questions? Ask a Family Lawyer Online.
Good morning. No, the Judge should not give a preference to a mother over a father, unless the children are of a very young age and specifically need the care of the mother. The Judge is supposed to act in the best interest of the child(ren), so the Judge will hear evidence presented by both parties, when deciding on who to award custody to. The Judge may very easily find that custody should be shared, if necessary.
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