The Myth of the Mother: Gender Stereotypes in Custody Decisions
Abstract
Today, the United States custody system operates under gender-neutral policies, in which the gender of a parent may not be used as a determinant for custody. However, maternal preference, or the tendency for judges to award custody more often to mothers than fathers, is a commonplace practice in the current legal system. This study examines the history of changing custody preferences in order to understand why, in the age of gender equality, the imbalance persists. Historically, custody preferences in the legal system reflect the cultural ethos of a patriarchal society, but major shifts owing to the industrial revolution and in the wake of the women’s rights movement altered the social and legal landscapes. This study discusses how those cultural shifts have changed societal perceptions of gender roles and parenting abilities and responsibilities based on sex and, in turn, influenced the custody system. Through an understanding of history, this study examines the implications of gender and sex stereotypes, and how they result in the oppression of women and discrimination against fathers in the allegedly genderneutral custody system.
Faculty Sponsors
Dr. Kathleen Waites
Project Type
Event
Location
Alvin Shermany Library
Start Date
4-5-2019 1:00 PM
End Date
4-5-2019 5:00 PM
The Myth of the Mother: Gender Stereotypes in Custody Decisions
Alvin Shermany Library
Today, the United States custody system operates under gender-neutral policies, in which the gender of a parent may not be used as a determinant for custody. However, maternal preference, or the tendency for judges to award custody more often to mothers than fathers, is a commonplace practice in the current legal system. This study examines the history of changing custody preferences in order to understand why, in the age of gender equality, the imbalance persists. Historically, custody preferences in the legal system reflect the cultural ethos of a patriarchal society, but major shifts owing to the industrial revolution and in the wake of the women’s rights movement altered the social and legal landscapes. This study discusses how those cultural shifts have changed societal perceptions of gender roles and parenting abilities and responsibilities based on sex and, in turn, influenced the custody system. Through an understanding of history, this study examines the implications of gender and sex stereotypes, and how they result in the oppression of women and discrimination against fathers in the allegedly genderneutral custody system.
