In the best interest of the children

We live in a world where unfortunately not all children have the privilege of growing up with Mom and Dad together. When separation occurs between a child’s parents, who is the best caregiver? Who gets custody and why? Most the time the court and people that don’t even know the parties make the decision of who the child or children live with. They say that justice is blind but in the matter of custody of children, I say it is not.
Mothers and fathers both have a prominent role to play in supporting the growth and development of their children. However, it wasn't until the 1970s that the tender year’s doctrine was replaced by the best interests of the child doctrine as public policy, which guided the family courts in how they awarded child custody. Despite the 20th century shift to the best interest of the child doctrine, many family courts today continue to give great weight to the traditional role of the mother as the primary caregiver. The application of this standard in custody determinations has historically tended to favor the mother of the children. In situations in which the mother earns less than the father, it does not entitle him to get custody of the child in the event of a divorce. For example, in the early 1900's, fathers were typically given custody of the children in the case of a divorce. (“Why Mothers”) Many states then shifted to the tender year’s doctrine that completely favored the mothers as the primary caregiver. This standard is changing in recent times yet again. Child custody is being awarded to the parent keeping in view the best interests of the child with no preference towards gender. (“Why Mothers”)
This web page and article, ‘Why Mothers get Custody”, contradicts itself. It states that the mothers are stilled showed favoritism but then states that the courts look at the parents as equal. Steven Baskerville defines court-determined custody as not a right to parent one's children but as the power to prevent the other partner from parenting, and members of the fathers' rights movement state that family courts are biased against fathers and shared custody. Steven Baskervilles states that the outcome of divorce is overly one-sided, divorce is initiated by mothers in more than two-thirds of cases - especially when children are involved, and that divorce provides advantages for women, such as automatic custody of the children and financial benefits in the form of child support payments. Members of the FR movement also state that family courts are slow to help fathers enforce their parental rights because it is expensive and time-consuming. (Wikipedia)
The Liz Library web site states that mothers are strongly motivated to continue being the primary caregiver after the post-partum recovery period, because by this point the child has become strongly attached to the mother, and now actually needs that continuity for optimum development. The mother, being the more strongly attached parent, recognizes this. The mother has become more familiar with the child and more attuned to the child's needs. They have settled into a routine. This in turn creates more motivation to act on the child's needs, and so it's a self-perpetuating cycle. It starts out as a biological connection through pregnancy/hormonal differences post birth, including where applicable, breastfeeding. Societal expectations may factor in but they are not causative. It is not by happenstance that throughout mammalian species and across time and culture in the human species, mothers have been children's primary caregivers -- and that when they have not been, the substitute caregiver rarely has been the father. It's not an artificial "gender" issue, but a real function of reproductive biology. (The Liz Library)
This is very one sided and the tone of the argument being one that implies the father is not as important, statistics show that the father is just as important. 63% of youth suicides are from fatherless homes (Source: U.S. D.H.K.S., Bureau of the Census). 90% of all homeless and runaway children are from fatherless homes (Source: U.S- D.H.H.S., Bureau of the Census). 85% of all children that exhibit behavioral disorders come from fatherless homes (Source: Center for Disease Control). 80% of rapists motivated with displaced anger come from fatherless homes(Source: Criminal Justice & Behavior,Vol 14, p- 403-26, 1978). 71% of all high school dropouts come from fatherless homes(Source: National Principals Association Report on the State of High schools). 75% of all adolescent patients in chemical abuse centers come from fatherless homes(Source: Rainbows For All God’s Children.). 70% of juveniles in state-operated institutions come from fatherless homes (Source: U.S. Dept. of Justice, Special Report, Sept 1988). All these statistics are from “Fathers and Dads”, and it is evidence that the father is just as important to the development of children.
These statistics translate to mean that children from a fatherless home are 5 times more likely to commit suicide. 32 times more likely to run away. 20 times more likely to have behavioral disorders. 14 times more likely to commit rape. 9 times more likely to drop out of high school. 10 times more likely to abuse chemical substances. 9 times more likely to end up in a state-operated institution. 20 times more like to end up in prison. (“Fathers and Dads”)
Based on this information joint, custody would be the ideal situation for the child or children. Feminist groups state that if shared parenting were ordered, fathers would not provide their share of the daily care for the children. The National Organization for Women and the American Bar Association also question the motives of those promoting shared parenting, noting that it would result in substantial decreases in or termination of child support payments. (Wikipedia) The statistics show different: The U.S. Census Bureau has reported that fathers with joint custody pay 90.2% of all child support ordered; fathers with limited visitation rights pay 79.1%; and 44.5% of those fathers with no visitation rights still financially support their children. (“Fathers and Dads”)
In conclusion, a mother’s role and the father’s role in the raising of a child or children are equally as important. It is unfortunate that divorce occurs and the children have to live with their parents separated (it's not the way GOD intended it to be). However, it does happen and both parents should put themselves aside and do what is best for the kids. The court system is there to make decisions for the children when the adults cannot agree and do not cooperate for the best interest of the children. Strangers are not as qualified as the parents are, but sometimes it is necessary and mandatory to have them intervene.