Are Illinois Family Courts Biased Against Mothers?

 Posted on November 26, 2024 in Child Custody

Gender bias occurs when a person is discriminated against based solely on his or her gender. In theory, family courts show no gender bias when determining the allocation of parental responsibilities. In reality, this may not always be true. After all, a family court judge is human and has his or her own biases.

These biases are expected to be set aside when making decisions regarding which parent will be designated as the primary residential parent and which will receive parenting time. One study found that mothers are less likely to be believed than men when abuse claims are made and may be consistently held to a higher standard where proof is concerned. A father alleging parental alienation against the mother is two times as likely to be believed than a mother alleging the same, according to that same study.   

Paradoxically, the outcry from fathers over the past decade or so regarding perceived mistreatment from family court judges can result in bias against mothers as judges struggle to be fair. If you are in the middle of a divorce and are in the allocation of parental responsibilities phase, the outcome is likely to be much more positive for you when you have a Wheaton, IL parental responsibilities lawyer from Andrew Cores Family Law Group.   

Do Mothers Often Experience Bias in Family Courts?

While it may not always point to clear bias against a mother, there are some processes in family court that may disproportionately affect mothers adversely. For example:

•  The parent with more financial resources can more easily litigate, and that parent is often the father.
• Gender bias can lead a judge to believe the mother only wants custody out of spite.
• A judge with traditional gender role ideas may "punish" a working mother who has chosen a career over staying home with the children with unfavorable custody decisions.  
• Parental alienation syndrome claims can be used by fathers to gain the upper hand in a custody dispute.  
• A mother is more likely to be accused of being untruthful when claiming the father abused her or the children during custody issues.   
• Stereotypes against women can work against them during custody decisions, especially those that hold women are inherently conniving, difficult, or untrustworthy.  

What Can a Mother Do in the Face of Clear Bias?

If it is apparent that the judge has a bias, there are things that can be done, although the best way to avoid gender bias on the part of the judge is to keep those decisions out of his or her hands. When possible, do your best to work with the child’s father to come up with a reasonable allocation of parental responsibilities.

If this is unsuccessful, alternative dispute resolution, such as mediation, could be helpful. A lawyer will make sure his or her client is always heard in court while gathering the necessary evidence to refute any allegations made by the father. A well-thought-out parenting plan can show the court the child’s needs and best interests are being prioritized.

Since some family court judges may place a higher burden of proof on the mother than on the father, every piece of evidence relating to the case must be in order. While gender bias in family courts is not the norm, it can occur. The best defense is a good offense, crafted with the help of an experienced family law attorney, which clearly shows the mother is primarily interested in her child’s best interests.

Contact a DuPage County, IL Allocation of Parental Responsibilities Lawyer

When you choose a Wheaton, IL allocation of parental responsibilities attorney from Andrew Cores Family Law Group, we will work toward your desired outcome in a child custody case. A parenting plan is crucial to successful co-parenting and can be modified as your circumstances or those of your child change. As a Fellow of the Collaborative Law Institute of Illinois, attorney Andrew Cores will work hard on your behalf for an equitable parenting solution that benefits your child. Contact Andrew Cores Family Law Group at 630-871-1002 to schedule a free consultation.