By Sharyn T. Sooho Published: August 4, 2005

Is there gender bias in the courts? Yes! But gender bias exists throughout society. It should come as no surprise that men feel they do not get a fair deal in family court. By design or accident, most families operate along traditional lines with Dad as primary wage earner and Mom as primary care giver of the children and home.

Men face a heavier burden in court proving they took an equal or greater share of the child care responsibilities during marriage. Is it fair? Not necessarily, but it is also hard on career women who leave the child-rearing to Dad, but cannot stand the anticipated criticism of friends and family for giving the children to Dad.

Bias hurts all of us. Courts and lawmakers are trying to level the playing field. As more women advance in the corporate world and professions, it will become commonplace and acceptable for them to have partners who have equal or primary responsibility for child care. While courts generally acknowledge that both genders should be treated equally, men and women seeking nontraditional child custody arrangements are closely scrutinized. Are those Dads ne'er-do-wells? Are they misfits or deadbeat Dads? Are the Moms drug addicts, unwomanly, or unfeeling?

Courts will certainly become more gender neutral as years go by. First and foremost, many judges are women - a significant development in the legal profession. They understand the challenges working women face. They value the help fathers provide, and do not scorn women who do not want custody.

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