How Is Child Custody Determined

     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.

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.

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 Family Lawyer for Child Custody Denton TX works tirelessly for the case. They prepare themselves so well that they can argue the case in the court. The courts are very serious as far as protection of children is concerned. They do not support the fact that the custody should be only be given to the mother.

Jane and jack were not happy with their marriage and decided to get divorce. They decided to share legal and physical custody of their three kids which they think is the best for kids. “After a recent meta-analytic of thirty-three studies of custody, one researcher reported that children in joint physical or joint legal custody were better adjusted than children in sole custody” (C&B 201). Joint custody gives kids change to see the both parents and it also gives both parents chance to be involved with their kids’ lives. Both Jane and Jake knew “continued conflict between parents is one of the causes in children’s divorce problems” and they wanted their kids to adjust the divorce quickly and to do that they knew they had to be cooperative and get along well.

Per Reporter: Stephen (paternal grandfather) has custody of the children. A court order signed by Judge Alphonso (8/19/14) states that Timothy (victim’s father) & mother (unknown) should not have contact with the children. Jill spoke with Harrison County CPS who confirmed that the case has been closed. The mother lives in Indiana and is uninvolved. Timothy is a convicted felon and has been in and out of jail since the children were young. Timothy has returned to Stephen’s home less than a year ago. On the night of 9/28/17, Timothy slapped Brianna because she was smarting off to Stephen. Stephen and Brianna were arguing over homework. Brianna has a red bruise on her left cheek. Underneath Brianna’s left eye it’s red and bruised; however, the

There is no statute, formula or template which the courts would rely upon to decide cases related to children visitation. The relationships between parties, such as non-custodian parent, de factor parent, same sex partner, grandparents, aunt and uncle and the children subject to visitation dispute are complex. During the last several decades, the phrase “best interest of the child” has evolved. Many states have a set of criteria to define the “best interest of the child;” however, the State of Massachusetts is among a few states which reserves the trial judges with judicial authority and discretion to decide based on the material facts and evidence presented at trial.

Divorce is not just a tough situation for the couples getting the divorce; it also has a large effect on any children involved in the divorce. When children are involved in a divorce, the first major impact they have to face is that child or children involved in the divorce losses time with each of the parents. In a non-divorced family on

Should she be made to pay child support also? There are many different situations that can occur when you are dealing with child custody case and need to be research deeper than the surface. The judge always states “We are doing what is in the best interest of the child”, but does he really know what’s best for someone else’s child without personally understanding their attachment, interaction and relationship with both

Before ordering a change to the custody order, the court will scrutinize the reasons provided by the parent requesting the change. The court makes every attempt to avoid interrupting a child’s lifestyle and well-being

When settling a divorce with children involved, a common question is how child support will eventually be determined. It can be concerning for a parent that wants custody and is worried about if they’ll get the support they need. It can also be concerning to the non-custodial parent, since they’ll need to be able to afford the payments. Know that child support will be determined by these factors.

The issue of custody of children is a significant issue especially with female inmates and the newborn infants (Schmalleger & Smykla, 2015). While the proposition for women to take care of their infants for the first six months has a moral appeal, I consider it ultimately impossible. This is due to the present economic realities of prisons that have numerous issues such as overcrowding. An infant should not be under such conditions. Furthermore, at the end of those six months, the child will still become either a ward of the state or be taken in by relatives of the prisoners begging the question of the need for a six months bonding that results in the same outcome. Therefore, I would oppose such a measure unless sufficient resources are at

A great deal of child custody help is about facilitating parenting plans in ways that accommodate all parties involved in the family, including parents and children. When parents split up, the emotional upheaval experienced by all parties doesn't usually lend itself to reasonable thinking and behaviors. There is often a great deal of uncertainty about where and with whom children will live, while parents try to survive the heartbreak of their lost relationship.

Every state uses a standard where they consider what's in the best interest of the child. It's sometimes a subjective determination that's based on the experience of the judge in the case. In some cases, like nursing babies, the mother will get custody because the baby relies on her for nourishment. Unless there's extreme harm to the child from harm parent, the court will look at a variety of factors in the case for each parent.