Posted by:
MCR
(
)
Date: July 22, 2014 07:01PM
I have to agree with this. Forget whether judges favor the woman or man, they would favor the Mormon woman over the Muslim man.
The trouble really isn't that judges are gender-biased, it's that the families that come before them for decision are gender-biased. The judge's role is to look out for the best interests of the children. For years, the best interest of the children has been interpreted to mean "sustain the status quo ante" as much as possible, and put the children with the parent who's been doing the hands-on caretaking. Therefore, if the man has been working full time and supporting the family financially, and the woman has been nurturing the children and working minimally or not-at-all, the court, after the parties separate, will try to maintain that status-quo in parenting, with the man continuing to be freed up to work full time and support financially by being made non-custodial, and the woman continuing the nurturing, hands-on, caretaking role by being made custodial.
Even if the man says, look my wife's home all day but doesn't do anything, when I get home from work I do homework, cook, clean, do the wash, coach the teams, and my weekends are spent with the kids, unless that can be documented--which it usually can't--it's simply going to be considered self-serving and discounted. The judge will assume each partner is using his or her time in the role-assigned way: nurturer or bread-winner.
However the legislature is putting pressure on judges to equalize time with the children, and the pressure's got more effect on some judges than others. Also, the support laws have become very stingy to SAHMs, to the point that SAHMs cannot usually maintain that status when divorced--thus, levelling the playing field for both parties on the who-works-who-takes-care-of-the-kids continuum.
Aside from divorce law, if your wife and you cannot pull together to find a way to raise these twins, and your wife believes she needs the support of her family and Mormonism, you're going to have problems. And Utah will make it worse. I don't know much about Islam, but I would strongly suggest you find tenets in Islam that will support her as a person, without telling her those tenets are Islam. Mormonism is full of rules and tenets, but most of them are silly. She's looking for something, some harbor in the storm, and if you and your philosophy can't provide it for her, get a different and better philosophy, and help her out.