Are Massachusetts Courts Biased in Favor of Women when it comes to Custody Disputes?

While the mission of the Massachusetts Probate and Family Courts is to provide equal access and a fair, equitable forum to address family and custody matters, without regard to gender of the parties and with the overarching tenet being the “best interest of the child” standard, there has unquestionably been a long-held perception by many fathers that the courts are biased towards mothers in custody matters.  

A comprehensive Gender Bias Study by the Massachusetts Supreme Judicial Court found that in many cases the perception of gender bias discouraged many fathers from seeking custody, but that when fathers did actively seek custody, they were awarded either primary or joint physical custody over 70% of the time. (Source: Gender Bias Study of the Court System in Massachusetts amptoons.com)

While the courts do strive to remain gender-neutral in deciding custody matters, in some respects the laws in Massachusetts have not yet evolved to address non-traditional or non-marital families. With respect to non-marital children, under current Massachusetts law, until there has been an adjudication of custody through the courts, custody of a child born out of wedlock automatically defaults to the mother when the parents separate – even in cases where the child has always resided with the father. G.L. c. 209C, § 10. 

In a recent case in Essex County Probate and Family Court, Attorney Thurbide represented the father of a non-marital child who, by virtue of the statute, was being deprived of any meaningful access to his 8-year-old child, who had lived with him since birth. Through zealous advocacy, the father obtained a custody order granting him joint physical and legal custody and equal parenting time. 

Massachusetts courts do recognize the importance of ensuring that children have meaningful parenting time with both parents, and it is important to have objective, knowledgeable counsel to guide you through what is undoubtedly one of the most emotionally charged and turbulent periods of your life. KMT LAW PC represents both fathers and mothers in divorce and custody matters.