Child custody and guardianship is the terminology used to describe the legal relationship between a parent and his/her child, such as the right of the parent to make decisions for the child, and parent’s duty to care for the child. The child custody case can be one of the most controversial topics of family law dispute.
The family is one of the most common and oldest human social institutions. It is believed to originate from the child’s need for care and the mother’s ability to nurse. Family law evolved as a means to maintain order in society. Family law is a general term traditionally addressing marriage, divorce, domestic disputes, and paternity. Though the 1st Amendment has been interpreted as significantly limiting the extent to which the state can interfere with parents over how they raise their children, unless health and safety of children are jeopardized. (Family Law; Mikula & Mabunda)
Most child custody disputes begin with divorce. Parents look at divorce as a way out, hoping for relief from a loveless or abusive relationship. As these parents make the choices to divorce they don’t think about the other problems that the divorce can cause not only to them, but to the children as well. These effects have become a major issue of concern in recent years. When people think of divorce, they think of the changes made to their legal status and last name; along with this change, division of property, support of children, and child custody concerns come about. The issue of divorce raised the topic of child custody in the United States tremendously.
In the 19th century mothers traditionally gained legal custody no matter the situation. Two doctrines came about concerning child custody, “best interest of the child” do...
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...communication with each other for period? Along with that comes the custody issues, making the child custody case the most controversial topics of family law disputes.
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In the United States today more than one-half of all marriages end in divorce. The purpose of this paper is to examine the reason why women have typically received custody of the children far more often than the fathers. In order to better understand child custody one must first examine how fathers have often times been left out of the picture, and conversely why mothers have had such hard times raising children on their own. This paper will first examine the perspective of a father who has lost custody of his children.
Findings amongst marriages and cohabitation that end in dissolution have shown custody and access disputes to be the “single biggest issue in civil law” (Roesh, Zapf, Hart, 2010). The role of forensic psychology regarding this issue is seen in the form of parenting capacity evaluations, otherwise known as child custody evaluations. Although many dissolved marriages or relationships end without the need of such evaluations, it is important to understand the current practices regarding custody cases and the evaluations provided by forensic psychologists in these cases. Currently, the dominant doctrine is the “best interest of the child” principle (Roesh et al., 2010). In an attempt to evaluate what is essentially in the "best interest of the child" evaluators may use methods including interviews, to parent and child, as well as a variety of psychological tests. This paper will further explore what is necessary for child custody evaluations and the role evaluators play in these cases.
American Psychological Association (1994). Guidelines for Child Custody Evaluations in Divorce Proceedings. American Psychologist, 47, 1597-1611.
Forty-one percent of a couple’s first marriage ends in divorce, according to mckinleyirvin.com. Also, Seventy-five percent of children with divorced parents live with their mother while forty-three percent of children growing up nationally, are raised without their fathers. Many factors leads to the decision of the child’s custody, although mothers usually win. However, what if both parents are capable of providing a decent life for the child? Unhealthy relationships between parents can question the true intent behind child custody. After reading Pop Quiz 7 in, “Octet”, from Brief Interviews with Hideous Men by David Foster Wallace, parents used money, vengeance, and love in the battle for child custody. Similar to the situation
...Christine Watkins. Detroit: Greenhaven Press, 2012. At Issue. Opposing Viewpoints in Context. Web. 19 Mar. 2014.
Divorce is a heavy concept that has many implications for those involved. The situation becomes even more consequential when children are considered. As divorce has become more commonplace in society, millions of children are affected by the separation of the nuclear family. How far-reaching are these effects? And is there a time when divorce is beneficial to the lives of the children? This paper will examine some of the major research and several different perspectives regarding the outcomes of divorce for the children involved, and whether it can actually be in the best interest of the kids.
Domestic violence has a long historical presence in our society. Initially, it was viewed strictly as a family matter. It was an acceptable means for men to discipline their wives and children, who were regarded as little more than man’s property. There was a lack of, if any, legal ramifications for the abuser and, in fact, domestic violence had been previously sanctioned by English Common law (The National Center for Victims of Crime). As the issue infiltrated public consciousness, advocacy groups rose to the forefront and championed for the rights of abused victims. They demanded change, not only to the laws, but to the way victims and abusers are treated by law enforcement and legal institutions. As a result of these efforts, many changes have been successfully implemented.
Marano, Hara Estroff. "Children of Divorce: 25 Years Later." USA Weekend. Sept. 15-17 2000: 16-17. SIRS Issues Researcher. Web. 04 May. 2014.
Timing Effects on Divorce: 20th Century Experience in the United States. " Journal of Marriage and Family 68 (2006): 749-58. Coltrane, Scott, and Michele Adams. " The Social Construction of the Divorce "Problem": Morality, Child Victims, and the Politics of Gender.
Divorce is and has become a major issue in our society, the reason for that has been attributed to the drastic increase in divorce rates over the years. The most commonly reported major contributors to divorce were lack of commitment, infidelity, and conflict/arguing. The most common “final straw” reasons were infidelity, domestic violence, and substance use (Scott, Rhoades, Stanley, Allen, & Markman, 2013). Divorce often disrupts the flow of the family structure, increases discord, and affects how family issues are handled. Families dealing with divorce are often times in a state of complete confusion and disorder, and filled with frustration, anger, and pain. Power struggles between spouses, which often times spread to the children if there
The issue of divorce is not only the main problem in the American society of today. The custody issue on who is going to gain the right to take care of the children wholly is also a tough one. For the past decade, divorce and the custody battle have rapidly become a significant life event for perhaps millions of Americans each year. “There were more than two million divorces each year, affecting 3 million adults and more than two million children (Thompson, Parting 18).” Thus we can prognosticate that the American family of today is definitely ill and is in great need of a revival.
...lls. Ed. Tamara Thompson. Farmington Hills, MI: Greenhaven Press, 2014. Current Controversies. Opposing Viewpoints in Context. Web. 5 May 2014.
Children will be suffered conflict with the interaction with their parents and siblings, and other aspects in their family life by cause of the divorce (Berk, 2010). Some parents who decide to get divorced that they were waiting the time on arguments and fights. Also, these parents use their children to punishment to one to each other. For this situation, children have a lot of conflicts on their emotions, and they have issues in their security. For instance, the custody’s fights are the biggest battle during the separation, and parents develop a lot of stress during this process. In the majority of the cases, mothers have the custody of their children, and they have to raise as a single mother. Also, the children tend to develop a lot of fears and about what they want to do. The divorce brings several negatives on children, and children live with a lot of stress during the divorce process. As well as, each child is different, and they
The statistics for divorce in America are alarming. As of 2013, forty-three percent of all marriages end in divorce. (Trudi Strain Trueit) Of that percentage, only twelve percent went through a friendly and easy divorce. (Trudi Strain Trueit) Research shows that more than twenty percent of people have parents who argue excessively prior to their divorce. (Trudi Strain Trueit) Sometimes, the split helps calm these tensions, but statistics show that most couples who separate, will get divorced. Other times, the fighting continues after the divorce, with children getting caught in the middle. Studies show that the divorce rate among couples with children is forty percent lower than couples without children. (Miller)
For many people throughout the United States, it is a melancholy but common sight to see broken families, separated children, and squabbling spouses. In a society in which over 20% of marriages end in divorce, it is not surprising that the majority of today’s children grow up in a one parent marriage. The National Center for Health Statistics estimates that in 1993, about 1,187,000 divorces were granted in the U.S., affecting 1,075,000 children. Sadly, some children are even deprived of seeing their mother or father throughout their entire childhood. Many others are allowed to visit one of their parents only once or twice a month. This lack of family unity results in emotional and psychological problems for both the parents and the children.