mrsamct
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Joined: 06 Aug 2011
Posts: 207
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 Posted: Wed Sep 21, 2011 5:46 am Post subject: Best Interests of the Child |
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100 years ago within the United States, fathers were given custody of their youngsters in divorce cases. In subsequent decades, however, courts utterly shifted their focus, adopting a policy that completely favored the mother. This "tender years" doctrine made the belief that the mother is the first caregiver, notably during a child's earliest years, and is thus most suited to continue caring for children on each day-to-day basis.
But, in recent years, the courts have changed their focus again, reflecting changes in traditional family structure and within the roles played by mothers and fathers inside the family. Most child custody cases are now primarily based on the doctrine of "Best Interests of the Child." If you are proceeding with a custody case, you should perceive precisely what this doctrine means.
The simplest interests of the kid are considered when the court deliberates where the child will live (with the mother or the father), how abundant contact the "losing" party can be able to own with the child, how much child support can be paid and by whom, and other issues.
And in determining the best interests of the child, the court may order that investigations be undertaken by psychologists, social workers, family court advisors, and alternative forensic experts. These examiners will attempt to work out the child's living conditions (whether currently living with the mother, the daddy, or some third party), the current stability of the kid's life, and therefore the possible stability to be provided in either the mother's or the father's household.
There's conjointly a "welfare checklist" that the court should consider. To the degree potential, the court can try to determine the kid's own preference; the child's physical and emotional needs; the likely effect of a amendment in the child's environment; any damage or abuse suffered by the child, and whether or not the kid might be in danger of hurt or abuse in either the mother's or the father's household; and the capability, both emotional and financial, of both parties in taking proper care of the child.
Different U.S. states emphasize various aspects of the "best interests" doctrine, though all follow roughly the identical guidelines. Several states emphasize the importance of family integrity, and try to avoid removing the child from his or her present home. Alternative jurisdictions emphasize the health and safety of the kid, whereas still others hunt for a timely call, thus that the kid is not left "in limbo" for an extended period of time.
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