In recent years the ruling of the main family court has ruled in favor of sole custody of mothers. However, recent years have shown that some custodial ideals have changed. With the rise of fathers' rights activism groups, more and more fathers are starting to be treated more fairly in these court cases. Courts are redefining the guidelines they use to decide custody cases. As these guidelines change, they move beyond the general idea that the mother is necessary for the child's well-being and give the father a fair chance. “Fathers love their children as much as mothers. It is offensive for a loving and caring father to be labeled a “non-custodial parent” (Smith). In a New York City family court, Watts v. Watts was announced: “The mere fact of being a mother does not, in itself, indicate an ability or willingness to provide a quality of care different from that which the father can provide”350. New York 2d 285 (1973). Why does there seem to be bias in child custody cases? “Dads Want Their Time” says many divorced fathers believe the courts have not yet heard their message and believe they are fighting anti-father bias. Fathers' rights advocates and other groups are influencing several states to give fathers a chance or at least support joint custody. The most effective defenders of father's rights may be those located outside the movement. With the rise of fathers' rights groups, jurisprudence is changing and becoming more favorable to fathers in child custody. In fact, there are statistics that show that “children raised by single mothers fare worse than children raised by both parents or single fathers” (Smith). . It also states that if joint custody is not possible, "children are generally better off with... paper means... but also see them as a source of living money." Even though most fathers have the same common thought process expressed in “Make Room for Daddy” of “If I'm not emotionally involved I have no motivation to be financially involved,” they are still less likely to be delinquent than mothers. “Dads Want Their Day” states that although mothers are less likely to be forced to pay child support to the father, they are more likely to not pay than fathers. In fact, “mothers receive on average 60% of support for their children, while fathers receive less than 48% of support” (Smith). Even if that happens, family law veterans say courts are throwing the books at dads for not paying child support, making them pay fines, garnishing their wages and prison where, hey, they give mothers a warning to respect fathers' visitation rights.
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