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When deciding who should gain custody of the children the primary factor is "What is in the best interest of the child?" The problem to this answer is that it is too vague and doesn't effectively answer any of the questions above. So lets look at what the courts feel is in the best interest of the children.
Based on statistics from 1994, single mothers made up 6.6% of all families, while single fathers made up only 1.2%. So it would appear that mothers are more likely to end up with the children than fathers. Of course we must take into consideration the fact that not all the fathers want the children, and they go to the mother by default, and then there are the fathers that are in prison...
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