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What does that look like in this situation? I agree, in theory, but _how_ is it applied to a divorce? How does it apply to the financial power imbalance of 'b
by miker64 6y ago
What does that look like in this situation? I agree, in theory, but _how_ is it applied to a divorce? How does it apply to the financial power imbalance of 'breadwinner' and 'active parent?'
I'm also curious, what is the 'vice' in this statement?
- stickyricky 6y agoThe "vice" is society's expectations for women. The court can empower that vice by giving women preferential custodial rights. Or it can temper that vice by analyzing the attributes of a specific relationship and recognizing custodial rights accordingly.
- pizza234 6y agoWhile courts have an orientation based on social expectations, they definitely do "analyze the attributes of a specific relationship and recognize custodial rights accordingly". IANAL, but I do have familiarity with the subject, and if you read a common law book, you'll see how the courts think. Now, to be fair, in a way, we could say that courts don't give precedence to a parent based on the sex (this is made explicit in the law of a certain country I've examined)... but they could give it based on the hair count :-) But again, courts definitely take into account many factor in the cases.