Moms at Disadvantage in Court, Experts Say

As fathers gain ground legally and politically, mothers are often the underdog now in custody disputes, some legal observers say.

In California, mothers receive sole custody two-thirds of the time because most cases are undisputed. But when the arrangement is contested--particularly in higher courts--”women are at a disadvantage,” said Mary Ann Mason, professor of law and social welfare at UC Berkeley and author of an upcoming book on custody, “From Father’s Property to Children’s Rights.”

In her study of 1990 U.S. appellate court decisions, Mason found that judges awarded sole custody slightly more often to fathers than to mothers. “The law no longer favors (mothers) and they have less money for lawyers, so they have less of an ability to fight,” she said. Statistics from the lower courts were not available, she said.

Others contend that gender bias by the legal system has created intolerable situations, especially for battered women and their children. “It’s reaching crisis proportions,” said Lomita attorney Patricia Barry, who has filed a discrimination lawsuit against the state of California on behalf of 10 battered women either fighting for custody or attempting to move out of the area with their children.

According to the suit, one judge gave custody to a man who admittedly beat his wife in front of their children, citing the fact that she had moved with them 30 miles away to escape him.

The lawsuit alleges the state systematically favors men, often fathers who “show little interest in their children other than to punish the mother for leaving their relationship and to avoid an order of child support.”

According to Mason, joint custody “has been imposed as a political solution by fathers as a way of sounding fair and equal, but by no means is supported by any research that it’s good for kids.”

Because there is no longer any clear-cut legal preference for mothers, disputes have become more contentious than ever and custody is a common bargaining chip, she said. Often, she said, fathers succeed in obtaining concessions such as property rights or not paying spousal support by the mere threat of a fight.

Some mothers, particularly ex-spouses of lawyers and judges, said they have been intimidated into unacceptable arrangements by an “old boys’ network.”

Members of the Alliance for Divorce and Marriage Reform--a La Jolla-based education and support group comprising homemakers formerly married to attorneys, judges, doctors or entrepreneurs--say they have been victims of a biased system. Co-founder Ronnie Brown said one mother is now homeless and childless after a judge reversed a custody order, giving her son to an abusive husband.

Among the changes the group seeks is an end to policies that allow negotiations over custody and property to continue for years after a divorce. “Custody battles are so fierce and so damaging to the children,” Brown said. “The adversarial system has no business trying to deal with family matters.”