Throughout my last past years being alive here i have noticed one thing when it came to the child custody system especially when my father tried to gain custody of my sister and I; I believe there is a bias in the court system for child custody. It was a total of 1,161 days of work that my father went to gain custody of me and my sister, my sister took a shorter time than me but i had to deal with the time being a lot longer for me. The bias i see takes place when the judge has a favor towards the maternal side instead of the parental side of it. Me and my sister were separated for a period of time, which took a toll on my overall well being during those years.
The bias that i've heard of the most is that the maternal side always got the
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Well, it has to do with the judge and their personal view on it, since he/she is the one with the final say in the courtroom and can choose what he/she likes but fall under jurisdiction. So now that you realize that the judge has the full control in courtroom, the final say can and in most cases is bias because of their preferences. This has an impact to the parents on both sides as if he has a liking towards the other gender it can affect them. So how is this dealt in the courtroom, it is dealt with most of the time both parties coming to a mutual agreement so the judge can’t intervene with the choice. This comes into play especially when custody is involved for the child, as if there is no mutual agreement in which most cases there aren't, it ends up being decided by the judge. The child in most cases is given to the maternal side mostly due to the judge’s decisional choice, but when this happens the father of course does not get the child and has to fight even longer to get him/her bringing in the idea of biasness again.I hope this argumentative claim helped shaped your mind on what can and does happen through the process of court
Procedural History The Supreme Court, Appellate, second division modified the the judgment and ordered that the custody of the youngest child remain with the mother. Husband appealed. The Court of Appeals, Jasen,J; held that after the custody of the two older children had been awarded to the husband, it was appropriate for special term to award of the youngest child to the husband in the light of the younger child’s ambivalence as to which of her parents she would prefer to live with and her strong preference to live with two older
Rule: 1. Justice White, speaking for the majority believes that the decision in this case is similar to Bell v. Burson, in which held that the state could not deprive a person of there drivers license pertaining to a speeding violation without a hearing. He stated: "The states interest in caring for Stanley’s children is de minimis if Stanley is shown to be a fit father. It insists on presuming rather than proving Stanley’s unfitness solely because it is more convenient to presume than to prove. 2. They concluded that all Illinois parents are constitutionally entitled to a hearing on their fitness before their children are removed from their custody. Denying such a hearing to Stanley and those like him while granting it to other Illinois parents is inescapably contrary to the Equal Protection Clause. 3. The rule of law that justifies the holding of the case is: "It is cardinal with us that the custody, care, and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state may neither supply nor hinder" (Prince v. Mass.). 4. "The integrity of the family unit has found protection in the due process clause of the Fourteenth Amendment, and the Ninth Amendment.
Dorothy E. Roberts exclusively focuses on how single black, unwed mothers are criminalized by the justice system and thrown into jail for petty and non-criminal actions. Unfortunately, these injustices are deemed justifiable by the courts and the state, and therefore the rate of incarcerated black mothers has skyrocketed. This cycle is maintained by politics of race, gender, and class that stereotypes black single mothers as “welfare queens” and dependent on the state. These actions not only affect the women individually, but its affects are felt
The only thing not in debate is the fact that children their live a very different life from the majority of the children in the United States.On the other hand, there are the people that believe the child should be with his natural father. That where the child lives does not matter, what matters is whom the child is with. They say he has lost his mother and should not be taken away from his father.
Since 1972, the issues surrounding the rights of unwed birthfathers have provided America with a highly controversial and morally challenging topic for debate. Prior to 1972, these unwed fathers were given little or no involvement in their child’s adoption proceedings, but because of highly publicized adoption cases in which birthfathers have retained custody of their child many years after their adoption took place, state legislatures have been forced to review their adoption laws regarding birthfathers and create more concrete ones. The laws in Florida regarding birthfathers have changed dramatically over the past several years, with complicating, senseless laws being replaced with more rational and reliable ones. The newest laws, passed in 2003 regarding a Putative father registry provide the most stable and fair support for legal adoption proceedings.
Can you imagine having your parents incarcerated? I can, when I was 10 years old my father was incarcerated and at age 23 my mother was incarcerated. Parental incarceration impacts you as a child or a teen in so many ways due to only one parent or grandparent being able to raise the child without the other. Parental incarceration is a very dramatic event in a child's lifespan. Having a parent incarcerated can have an impact on a child's mental health, social life and educational needs. Studies show parental incarceration can be more traumatic to students than even a parent's death or divorce, and the damage it can cause to students' education, health, and social relationships puts them at higher risk of one day going to prison themselves.(Sparks,
Although some may disagree, I do believe that female are targets of gender bias and have been since birth. For example, a mother is more likely to be gentle with her infant daughter than she would her infant son. Another good example of gender bias is that girls are more than likely to be given a doll to play with, while on the other hand boys would be given a toy truck or ball. This type of action can affect a child’s development.
There have been many questions raised if the nurseries programs were fair but “the number of women incarcerated in state prisons in the United States (US) has dramatically increased in the past 20 years, and 70% of these women are the mothers of minor children, as of the last Bureau of Justice estimates” (Mumola, 2000). “Allowing women to parent their children within correctional facilities in the US may be “one of the most controversial debates surrounding the imprisonment of women” (Bel...
To many outsiders, the foster care system may appear to be a safe haven for those children that are abused or abandoned by their birth family. This is correct, but the system with which it is based, has many flaws. A background check is mandatory for all foster parents, but a test to see if a child 's temperament matches that caregiver 's parenting style, is not. Now, this is seen as a minor issue, but there is not enough evidence to support this. Plus, there are many other, much worse reasons, why the system is not perfect. Altogether, the foster care system and a multitude of its rules are flawed and may actually be negatively affecting foster children.
To date in HN370: Child Welfare and Family, we have discussed family dynamics and culture. We have dug deeper into the social problem of poverty by defining it and discussing characteristics of poor children, why children live in poverty, the consequences of growing up in poverty and the correlation between homelessness and being poor. We have delved into substance abuse, paying special attention to both addicted parents and children. We have examined the affects of violence in the home, by peers and in schools, as well as the epidemic of bullying.
Joint custody, when applicable, in which children spend an equal amount of time with both separated parents, causes a positive emotional environment for children of divorce, which further creates healthy family relations and avoids negative health effects.
The Family Law Legislation Amendment Act of 2011 and whether it has Reduced Violence and Abuse for Women and Children
There are some justifications based on the role of women as primary caregivers as indicated above. In addition, there are concerns that laws that are meant to protect women turn to oppress them. Child custody and maternity policies are some of the blessings to women offenders because they have to be put in consideration while issuing sentences. The topic of gender discrimination derives strongly held opinions that conclude that the justice system cannot contest sentencing disparities derived from race, class and gender backgrounds (Fender et al.,
Bartholet, E. (1991). Where do black children belong? The politics of race matching in adoption. University of Pennsylvania Law Review, 139(5), 1163-1256.
Single Parent Struggle For many years, children growing up in a single parent family have been viewed as different. Being raised by only one parent seems impossible to many yet over the decades it has become more prevalent. In today’s society many children have grown up to become emotionally stable and successful whether they had one or two parents to show them the rocky path that life bestows upon all human beings. The problem lies in the difference of children raised by single parents versus children raised by both a mother and a father.