Memphis, TN family law attorney Daniel Loyd Taylor talks about whether or not the law favor mothers in custody cases. He explained that it’s not supposed to, and it doesn’t seem to anymore. When he began practicing law, there was a presumption called the Tender Years Presumption, which assumed that if a child was under a certain age, the child should be with the mother. This has changed over the years, and now, by statute, there is no presumption whatsoever based on gender.

He acknowledged that if a child is very young, there are cases where people divorce right after a child is born. In these situations, fathers may need to understand that sometimes they have to wait for the child to get a little older before discussing 50/50 custody arrangements. He emphasized that there is not supposed to be any presumption either way based on gender, and in practice, it doesn’t seem to exist in the courtroom anymore.