Children Made Fatherless By Family Courts

Commentary by Phyllis Schlafly, attorney and author.

Family courts generally rely on a “best interest of the child” standard when deciding custody — a deliberately flexible standard, but one that critics argue leaves too much room for inconsistent outcomes and unconscious bias toward one parent, typically the mother, even absent any finding of fault against the father.

A number of states have moved toward a legal presumption of equal or shared custody in recent decades, on the theory that children generally benefit from staying meaningfully connected to both parents after a separation. Advocates for this approach argue that clearer, more consistent standards — rather than case-by-case discretion — would reduce the number of fit, willing parents who end up with minimal time with their kids for reasons unrelated to their parenting.

This remains a live and contested area of family-law policy nationally. If it’s an issue you care about, see our Legislative Activities section for how to make your voice heard.