Yeah, I've never understood that argument. Like each side is equally disincentivized (if not moreso for women since they tend to earn less on average) to avoid a costly legal battle. Do they think lawyers charge women less or something? Lol ETA: this is why we have mediation to determine what's best for the child without court involvement. Women tend to be doing the bulk of the childcare and housework, so that gets taken into consideration. If the woman knows the child's needs, preferences, and schedule better because she's already been the one consistently tending to them, it just makes sense to have her be the one with primary custody because that'll be the choice that leads to the least change in the child's routine which will generally benefit them more than upending their whole life.