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Are children more likely to live with their mother after divorce?

There is no presumption that mothers have any more rights than fathers when it comes to who the child will live with after divorce.

If you and your spouse cannot decide who your child will live with after you divorce, then you can take your case to court and let a judge decide. The judge will always have your child’s welfare and needs as a top priority when they are deciding where the child will live after the divorce.

When making the decision, the judge takes into account each parent’s work commitments and how this could impact upon the child if they were to live with them. This has meant that, in the past, mothers would usually get primary care of the child, although this has started to change in recent times. More and more families have parents who both work, or indeed fathers who are the primary carers, so we are likely to see a much more equal split between children living with fathers and mothers. This in turn means we should see an increase in mothers who are given contact, rather than sole residency, within the child arrangement order.

Getting specialist legal advice as soon as possible in the divorce process can help you to understand your rights and feel more in control of the situation. Austin Kemp’s experienced divorce solicitors can advise you of what steps to take if you are worried about who your child will live with after your divorce.

For more information on this subject please visit our Legal Library.


Contact us to see how we can help with divorce and child arrangements

For more information call our team on 0845 862 5001 or email

We offer a nationwide divorce service. We have client meeting office facilities available, in order to have face-to-face client meetings / conferences as and when required in:

London Office: Duncannon Street, London WC2N 4JF

Canary Wharf Office: 25 Canada Square, Canary Wharf, London, E14 5LB

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Please contact us for more details.

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