Child Custody Case Study

Child relocation laws and best practices in the United States vary from state to state. Child custody in Arizona is defined as “legal decision-making” for the child and visitation is known as “parenting time”. The term “child custody” is no longer used, effective January 1, 2013. The court can order one or both parties to have legal decision-making authority for the child(ren) and consider many factors, falling under A.R.S. 25-403. In the case of joint legal decision-making authority, both parents must work together to make decisions regarding the child. If one parent is granted sole legal decision-making authority, they make decisions about the child without consenting the other parent as long as it

Identify and investigate these contemporary issues relating to family law and evaluate the effectiveness of legal and non-legal responses to these issues

     According to many the custody of a child should be determined with the best interest of the child in mind. However, it is not easy for a

Child custody have been an issue for many years but no clear rules have been established until approximately in the 1970’s. In the early colonial years, the arrangement was unappealing to children and their mothers and possibly doing psychologically damage. Luckily, history has evolved and children’s well-being has become a priority in divorce cases.

The Family Court ensures that each case and judgement concerning marriage/relationship breakdowns involving children is treated equally with emphasis on the child and its best interests. At times mutual agreement on the shared parental responsibility (the underlying principle of the law

With fault based divorce in the 1960s, child custody depended primarily on the child’s age. If the child was under seven years old, also known as the ‘tender years,’ the mother would receive physical custody. This was because of the belief at the time that women are good caregivers and it was their job to take care of the children at home. However, if the children were older, custody would be granted to the parent of the same sex. Sometimes judges would also award custody of children dependent on martial or sexual conduct of the spouses. When custody was awarded in this way, the presiding judge could be more focused on the rights of the parents than what is best for the child in that situation. Either way, it was quite noticeable that child custody was based on the judge and their opinion, which could change from case to case.

Patel, Samir H; Choate, Laura Hensley. Journal of Mental Health Counseling 36.1 (Jan 2014). Conducting Child Custody Evaluations: Best Practices for Mental Health

In 1997 the National Conference of Commissioners on Uniform State Laws (NCCUSL) created the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to replace the Uniform Child Custody Jurisdiction Act (UCCJA), which was created in 1968. Like the UCCJA, the new and improved UCCJEA served the purpose of “deter[ing] the removal or kidnapping of children, eliminat[ing] interstate jurisdictional competition, and prevent[ing] states from relitigating custody decisions from other states.” (Ehrlich, p. 411) Since its creation, the UCCJEA has been a major go-to reference for Courts in all states except Massachusetts and Vermont, who have not yet adopted said act, when considering the technicalities of jurisdiction for child custody cases.

The lawyers highly support a joint custody that would benefit the child. The lawyers argue the case on two different aspects.

Ms. Leavitt stated the reason for the evaluation is due to the divorce proceedings between the parents, where they were not able to come to an agreement regarding the custody of the children. She reported that the parents tried to mediate twice and was unsuccessful. She indicated that the parents did not discuss custody until the court appearance and Mr. Wilner indicated that he wanted full custody.

Additionally, we conclude that pertinent factors (i.e. decreased parenting time) were not considered resulting in inaccurate findings. When considering a modification of parenting time, the court must consider the following factors: relationship between parent/s and child, interaction between the child and parent/s and others who could significantly affect the child’s best interest, child’s adjustment to home, school and community, wishes of the child (when appropriate), and the mental and physical health of all involved. According to Arizona law, unless evidence is provided to the contrary, it is generally in the best interests of the child to have “substantial, frequent, meaningful, and continuing parenting time with both parents.” No such evidence was presented. There was no question as to the fitness of either

The Court will apply a presumption that it is in the best interests of the child for the child's parents to have equal shared parental responsibility for the child . Unless you think it is not in the best interest of the children and can provide reasons for this belief.

As the court strives to put the child’s needs and best interests at the heart of decisions, so it expects of parents. Looking at proof of each parent’s ability and desire to provide for developmental needs and be active in the child’s life becomes part of the process. Evidence the court finds useful includes a parent’s:

(A) To reduce acrimony that may exist between the parties, (B) to develop an agreement assuring the child close and continuing contact with both parents that is in the best interest of the child, and (C) to create a settlement of the issue of visitation rights of all parties involved that is in the best interest of the child.

Forensic social work is the application of social work to questions and issues relating to law and legal systems (Sheehan, 2011) Although it may not be heard of as much, forensic social work has been embedded around since early 20th century. There are many different connections of social work practices that can go along with forensic social work, however, child welfare is, without a doubt, an aspect of social work that has been an ongoing and current trend in Forensic Social Work. Different aspects of child welfare include any type of child maltreatment. A few examples that are commonly brought up is child custody issues, neglect, and child abuse. Forensic social work has been incorporated within Child Welfare since Child Welfare has developed into what it is