You know, whenever I examine the lopsided and sexist nature of family-law (if children are under 12 the assumption is that the mother is best suited to have the children and the father should just be a weekend visitor and money supply) I do have to admit a certain amount of respect for Muslim countries where the father is always given the children if a divorce takes place.
You are right - most American men would be better off in a Sharia court for domestic matters, ironically enough. Apparently, the common law rule was similar to Sharia - that fathers got custody of the children. At least until about 1813 with the Pennsylvania v. Addicks case.
"In early America, the common law gave fathers custody of their children when marriages dissolved. In practice, colonial courts might allow a very young girl to live with her mother, but they always acknowledged the father's primary custodial right. Commonwealth v. Addicks introduced the idea that the "best interests" of children should count as well.
On June 12, 1813, Joseph Lee divorced his wife, Barbara, because she had entered into an adulterous relationship with another man named Addicks. Barbara Lee and Addicks had a child together and later married. They ignored a 1785 law that prohibited a partner who was guilty of adultery from marrying his or her paramour during the lifetime of the spouse.
After Barbara remarried, Joseph went to court to gain custody of his two daughters, now ten and seven. His lawyer said that a father was the "natural guardian" of his children under common law. He also maintained that it would be improper to permit the children to remain with their adulterous mother . . . ."
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As was the case in our country, and all civilized countries, until less than a century ago.
Why do we have to give priviledge to certain sex of the parent (mother/father)? I think it's better to see each case differently without any pre-determined result.
Well duh, someone has to teach the sons how to keep their future wives "in line". You think the mom is going to do that?