MovieChat Forums > Kramer vs. Kramer (1979) Discussion > strange custody decision by judge

strange custody decision by judge

posted 11 years ago by bobbynear
7 replies | jump to latest

A great film but the outcome of the court case really makes no sense. The trial seems to be going very much in Ted's direction so why did he lose custody? His lawyer gave his wife a hard time even demanding to know if she had a lover and she seemed reluctant to answer. Her lawyer badgers Ted on the stand but over some strange things. So he lost his job and is now making less money. He should be given credit for finding a new one so fast and at a lower salary just to keep his son. As for the accident on the playground, that could have happened to her as well. How about Ted gets some credit for running like a madman through traffic to get the kid to the hospital?

When Ted meets his lawyer and finds out that the judge went all the way for the mother you have to wonder why. Did the judge watch the same movie as we did? There should have been a final scene in the courtroom where the judge at least gives a reason. It's all just a setup so the mother can give in at the end.

Seems strange but it does not detract from what is a terrific film with incredible performances

[–] Cloudburst2000 11 years ago

It was because of the time period the movie was set during. It's fairly common nowadays for a judge to award custody to the father. It was much less common during the late 70s and early 80s. It was often assumed that a child got needed a mother's nurturing and that a father couldn't provide the nurturing a mother could. Unless there was something really wrong with the mother (drugs, alcohol, etc), the mother almost ALWAYS got custody. I think this movie actually helped things to start changing in terms of custody agreements. I think the movie brought to the forefront the drastic way the courts almost always leaned towards giving custody to the mother even when it wasn't in the best interest of the child.

[–] hitman624 11 years ago

No. The judge did not watch the same movie as us. No. Ted does not get credit for those things. Because the judge did not watch a movie about Ted's life. He only knows what he's heard in testimony. Billy got injured while under Ted's care. Joanna makes more money. Ted loses his temper on the stand. Hell, she might win a custody battle now. Life's not fair.

[–] spookyrat1 11 years ago

...the outcome of the court case really makes no sense.

Yes it does. Ted's lawyer tells him straight up that it's going to be a big ask to win the case, because judges traditionally favour the mothers in custody battles for reasons that are outlined by other posters on this thread. He cautions Ted about going ahead.

Ted's lawyer fought the good fight, but the weight of legal tradition was overwhelming.

[–] westal_sage 10 years ago

It's not strange at all and still pretty much works that way today in many states.

[–] Kawada_Kira 10 years ago

I don't think it was strange. Unfair, but not strange, for the reasons many people listed here.

I was surprised though at the way the Joanna's lawyer went on about Ted missing that deadline because he went home to take care of his sick kid. If he'd done the other thing, stayed at work while the kid was sick, the lawyer would have attacked him for that. You'd think that what he did would work in his favor, showing that he put his kid above work when the chips were down, as one of the things Joanna and her lawyer would have wanted to prove was that Ted wasn't there for his kid. Instead, the lawyer went and proved that he was. It shouldn't have been seen as a negative. And yeah he ultimately lost that particular job later on but he got another one within 48 hours, which is pretty impressive.

"The comfort of the rich depends upon an abundant supply of the poor."
- Voltaire

[–] chicago85 10 years ago

In that day and age the mother got custody almost everytime no matter how god awful she was. She could be shacked up with an abusive man and be strung out on heroin and still get the children.

I don't know everything. Neither does anyone else

[–] sonofbeach-sheet 10 years ago

Having a weenie is what keeps you from getting custody, unless the mother doesn't want it. The end!