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The rights of parents involved in custody proceedings following a divorce have changed significantly over the last two centuries. The 19th century saw children classed as the property of the father and custody always given to the father. In the 20th century, ideas changed, with the mother almost always given custody.
Current Ideas
Towards the end of the 20th century, the ideas of custody changed to whatever seemed to be in the best interests of the child or children; this usually resulted in the primary caregiver during the marriage being awarded custody.
Fathers Rights
The father's rights movement was formed, in one respect, to combat what many saw as an unfair bias toward the mother of children often being awarded custody in families where the traditional role of the mother as the primary caregiver was in place.
Joint Custody
Joint custody of children is one of the main goals of the father's rights movement, which claims the best interests of a child are served by remaining in the joint care of both parents.
Disadvantage
Members of the father's rights movement claim that the entire process of litigating over the custody of children is based on the idea that the mother is the best caregiver for a child, leaving the father at a disadvantage from the outset of custody proceedings.
Gender Neutral
Critics of the father's rights movement claim the custody process in the U.S. does not make judgments based upon gender. Critics claim that a father who is the primary caregiver would be at an advantage over a mother who, throughout a marriage, was not the primary caregiver.
Best Interests
Critics also claim that the current legal model (which includes researching the family situation to discern what is in the best interests of a child) is the best option for the children involved in the custody proceedings. It is claimed this process gives an equal opportunity for both parents without any bias.
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