Sole custody of children, as practised in most divorce courts, constitutes legal discrimination against men. Few rights are enforced less stringently than the right of a non-custodial parent (usually the father) to visit his children. Unmarried fathers, a growing proportion of the male population, are generally denied the right to contest custody. Fathers of unborn and 'illegitimate' children have even less control over the fate of their offspring than do other fathers. In cases of legal abortion, usually only the rights of prospective mothers, and sometimes the rights of the foetus, are considered.
Neither parent should have a superior claim to children but, owing to the fact that mothers have always cared for children and will no doubt continue to do so, they should be given custody.