psy205 3-3 short paper

.docx

School

Southern New Hampshire University *

*We aren’t endorsed by this school

Course

205

Subject

Psychology

Date

Jan 9, 2024

Type

docx

Pages

Uploaded by haileyherron95hh

1 The History of Child Custody Arrangements 3-3 Short Paper: The History of Child Custody Arrangements Joshua Ferreira Zanotto Southern New Hampshire University PSY 205 Dr. Darchelle Curry November 12, 2023

2 The History of Child Custody Arrangements The History of Child Custody Arrangements The law of child custody in the United States has evolved from paternal custody, through maternal custody, to a gender-neutral evaluation of the best interests of children. Before the 1800’s the custody of a child was determined based on the father’s wishes. If the father was still alive, he would have custody of the child. If the father was deceased, before he died, he was select who would become the guardian of the child. The laws of custody in American root from Roman and English common law. Under the Roman laws, fathers have absolute custody of their children. He was considered the head of the family and had unlimited authority of his family. English common law was similar to Roman law with a few exceptions, if the father was bankrupt, ill-treating of their wives, or did not contribute to the family the mothers would be rewarded custody. It was not until the tender years doctrine, which originated around 1800, that mothers were rewarded custody. The tender years doctrine, “states that custody of children of tender years should be awarded to the mother unless she is shown to be unfit.” (Ranelli, 1995 The doctrine became a basis for awarding custody of the child. The tender years doctrine became popular based on the sentiment that mothers were the best caregiver for their children. The most common justifications offered for the maternal preference were (1) the belief that the mother was almost always the child’s primary caregiver, and (2) the belief that, as a matter of nature, mothers were inherently suited ‘to care for and nurture you children” ( Ex Parte Devine , 398 So.2d 686 (Ala.1981).”” (Ranelli, 1995). This attitude remained popular throughout the 20 th century and is still supported by some today. It was not until the late 1900s that the court start to reject the Tender Years Doctrine. In 1974 Illinois courts began to move away from the doctrine with Patton v. Armstrong . The fifth District Appellate Court awarded custody of two child to their father inside of the mother. “The court reasoned that the presumption that the mother was better able to care for the children was based on the assumption that the mother would remain at home and care for the children. Since the mother in this case worked, the court held that the tender years doctrine was inapplicable.” (Schiller, 1977). In 1974 the doctrine was weakened further by Marcus v. Marcus by recognizing the equalization of the mother and the father. The court in this case stated, “it should be noted that there is today no inflexible rule which requires that custody of the children, especially of

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

Recommended textbooks for you

Ciccarelli: Psychology_5 (5th Edition)

Psychology

ISBN:9780134477961

Author:Saundra K. Ciccarelli, J. Noland White

Publisher:PEARSON

Cognitive Psychology

Psychology

ISBN:9781337408271

Author:Goldstein, E. Bruce.

Publisher:Cengage Learning,

Introduction to Psychology: Gateways to Mind and ...

Psychology

ISBN:9781337565691

Author:Dennis Coon, John O. Mitterer, Tanya S. Martini

Publisher:Cengage Learning

Psychology in Your Life (Second Edition)

Psychology

ISBN:9780393265156

Author:Sarah Grison, Michael Gazzaniga

Publisher:W. W. Norton & Company

Cognitive Psychology: Connecting Mind, Research a...

Psychology

ISBN:9781285763880

Author:E. Bruce Goldstein

Publisher:Cengage Learning

Theories of Personality (MindTap Course List)

Psychology

ISBN:9781305652958

Author:Duane P. Schultz, Sydney Ellen Schultz

Publisher:Cengage Learning

SEE MORE TEXTBOOKS

Recommended textbooks for you

Ciccarelli: Psychology_5 (5th Edition)
Psychology
ISBN:9780134477961
Author:Saundra K. Ciccarelli, J. Noland White
Publisher:PEARSON
Cognitive Psychology
Psychology
ISBN:9781337408271
Author:Goldstein, E. Bruce.
Publisher:Cengage Learning,
Introduction to Psychology: Gateways to Mind and ...
Psychology
ISBN:9781337565691
Author:Dennis Coon, John O. Mitterer, Tanya S. Martini
Publisher:Cengage Learning
Psychology in Your Life (Second Edition)
Psychology
ISBN:9780393265156
Author:Sarah Grison, Michael Gazzaniga
Publisher:W. W. Norton & Company
Cognitive Psychology: Connecting Mind, Research a...
Psychology
ISBN:9781285763880
Author:E. Bruce Goldstein
Publisher:Cengage Learning
Theories of Personality (MindTap Course List)
Psychology
ISBN:9781305652958
Author:Duane P. Schultz, Sydney Ellen Schultz
Publisher:Cengage Learning