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Frequently Asked Questions

Do Fathers have equal rights during divorce?

Most courts tend to favor the mother over the father when determining contested custody cases. The law clearly states that both parents should have equal rights over their children during a divorce proceeding regardless of the sex of the person.

Are fathers less likely to get custody during a divorce?

It only makes sense that mothers who have a closer bond due to the time spent caring for a child be the one more likely to obtain custody during a divorce. But, with changing attitudes toward child custody fathers are still likely to gain at least 50/50 custody if they are willing to fight for it.

Who gets custody of the children during a divorce?

Generally, mothers will get custody of young children aged 7 or below. This follows section 88 (3) of the Law Reform (Marriage and Divorce) Act 1976 (LRA 1976). But it's only a presumption, and a rebuttable one at that. The court can take into consideration the facts of the case.


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