Child Custody Cases

Improved Essays
The reoccurring issue about child custody cases has been an evolving issue since ancient times. The history of child custody begins as children, as did women, were viewed as property. They were there as a laborer, an economic asset to the man, or father. Over the centuries, children soon lost the view as an asset and more of a child, a being in need of love and nurture. A question stands out however, even through the centuries of evolution for custody, who stands in having the right to dictate where a child is better placed? If custody is dependent on who the better provider is, not just financial and materialistically, but also nurturing, who is best in deciding this? The custody of a child is to benefit the child and only the child, …show more content…
Even though in younger ages, courts find it best to place a child with its mother the exception could be that the mother is not mentally fit or financial stable to substantially care for her children to custody would be awarded to the other parent or best fit.
As time continued to pass, the issue of child custody became an everyday topic of conversation. Between the years of 1960 and 2000, the tender years rule was abolished and ultimately psychologists and the aide of social sciences aided the judges with the determination of custody. Psychologists are used to evaluate all parties within the custody case. They develop interviews to decipher what is the best fit for the child. To do this they need supportive evidence which can only be obtained outside the courtroom by eyewitnesses, hence the evaluation of the parties by mental health
…show more content…
In a considerable amount of cases experts testify regarding alleged sexual and/or physical abuse. Many conclusions have been contrived from such developments over the course of centuries of fighting over the custody of a child; that the legitimate role of social and behavioral sciences for custody matters is still a “subject of controversy but their continuing influence is an established fact”( Anthony, Susan B). Also what constitutes the best interest of a child? If a child is too young to decide which parent they want to stay with, then why should the court give sole custody to only one parent? If both parents have proven to be of safe and sound mind and financially capable of supporting their child then just as creating the child was joint work then so should raising

Related Documents

  • Decent Essays

    Mr. Boggs reported that he is satisfied with his living situation and is close to Charles. Currently, Mr. Boggs and Ms. Wanda has the joint custody of Randel, which Randel does not like. Randel reported that he was not aggressive towards his father, but his father used this as an excuse to transfer his custody to his biological mother. Mr. Boggs is divorced, but her wife is still involved with the family and visit them almost 2-3 times per week and provide support to Wanda’s children. Randel does not have a positive relationship with her mother (even in the past) and the family was unable to provide reasons.…

    • 249 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    William Garay, the best interests test was applied in three main components, “ financially, scheduling, and flexibility to accommodate the other parent.” [5] Custody was awarded to the father who initially denied that the child was his. When Ana, the mother, appealed "the court concluded the trial court erred in applying the best interest standard for relying upon relative economic positioning.” [6] This “reversed the order of the trial court for not discussing the continuity and stability in custody arrangements, because comparative income or economic advantage is not a permissible basis for a custody award.” [7] Therefore in any case that economic advantage has become the basis for the “best interest” of the child, singular or sole custody could be awarded instead based on the continued and stable living arrangements that were provided by the acting…

    • 533 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    A significant reason the federal government has taken such a stance on a greater involvement in assisting the enforcement of child support orders, is due to such a high number of children who live in poverty, or the overall number of children needing support from noncustodial parents. Collaborative efforts between the federal and state governments work to accomplish numerous objectives: locate absent parents, establish paternity, establish support orders, review, modify, collect, and distribute support, ensure medical support, and enforcement of support orders that cross-jurisdictional lines. Non-paying parents have gone to great lengths in attempts to avoid their obligation to pay support for their minor children. Some may believe that by moving to another state, it would be easier to run from their responsibilities. The Uniform Interstate Family Support Act [UIFSA] provides provisions for courts located in the jurisdiction with which the custodial parent resides, to maintain jurisdiction in instances where the noncustodial parent resides in another state.…

    • 436 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    Dave Pelzer Discipline

    • 2333 Words
    • 10 Pages

    The novel A Child Called It, by Dave Pelzer is an inspiring heart wrenching story about a young boy, Dave, who is abused both physically and mentally by his mother. Dave endures and more importantly survives an ideal that no human being should ever have to live through. From the age of 4 to 10 Dave was continually abused and dehumanized, gradually getting worse over time. Everything was taken away from him, his mother made him feel like he was truly nothing.…

    • 2333 Words
    • 10 Pages
    Superior Essays
  • Improved Essays

    The implications of the case notes stated that Eddie was a well adjusted child up until the time his step father became abusive towards his mother. The emotional bond through out his childhood allowed him to be well adjusted in his academic attainment and connect well among his peer group. Currently there is an overall lack of parenting due to the traumatic situation of abuse, Eddie is no longer being raised with guidelines of a nuturing parent and is fearful. The hindrance to "good enough parent" in this situation is Eddie's mother is not properly supported via a partner, has been increasingly socially isolated and lack self determination via employment. All three factors decrease her ability to parent at the current time.…

    • 451 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    Other birth parents, when interviewed, did express the wish to have the child back, and were suspicious about future contact with the child. These findings result in the need for continuing supervision in cases involving ongoing contact (McRoy, Harold, and White…

    • 2336 Words
    • 10 Pages
    Great Essays
  • Improved Essays

    It becomes an issue when a person attempts to gain legal custody of a child based off of their own opinion rather than the law. My client should not be considered a neglectful parent seeing as he is more than capable of providing suitable care for his children. Not only that, he makes a genuine effort to make them more open-minded individuals. Why move children to another home when the home they were in before was perfectly suitable? It would do more harm than good to move them.…

    • 711 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    When we think of a typical American family, we think of a hard working mom and dad, happy kids, finically stable as well as emotionally stable, and a very close family relationship. The sad truth is not many families are like the typical American family. There are families whose parents are force to give up their kids to child services, because they cannot afford to feed the hungry mouths of their children. In “Foster Care and the Politics of Compassion,” Nanette Schorr informs and persuades the audience about the child-protective system and the stigma behind it all. Schorr illustrates a case where a mother and her three kids were cast aside from their abusive husband and father.…

    • 834 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Child Welfare Timeline

    • 1700 Words
    • 7 Pages

    Arkansas Child Welfare System Timeline In the later 1970s, reports of suspected child abuse and neglect soared in Arkansas. Social workers and child welfare administrators were tasked with investigating all the reports, monitoring and assisting the families with substantiated abuse or neglect, and safely sheltering the more endangered children in foster care homes. The state struggled with keeping up with the expanding range of federal pressure, which was more focused on the preservation of families and the option of adoption.…

    • 1700 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    Children are removed from out of their homes on several occasions. When it comes to the Department of Children and Families children are removed, once a call comes in from the abuse hotline, an investigator is sent out to where the suspected incidence has occurred. If it is found that the child is as harm and is not in a safe environment, the child is then removed from the home. Within 24hrs there is a court hearing or shelter hearing, where the DCF worker provided evidence of while the child should remain out of the home, and the judge provides the final decision if the child is at harm or not, and if the child should remain where the DCF investigator has placed him or her. This essay will provide an insight on my experience while sitting through a shelter hearing.…

    • 759 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Father who fights for custody is rare, therefore many judges feel the father should be awarded custody for loving his children, or they assume that something is wrong with the mother. The mother and her children are being systemically impoverished, psychologically and legally harassed, and physically battered by the very father who is fighting for custody (Chesler, Phyllis1990). Society believe that some children are better off with their fathers. When non-custodial fathers are highly involved with their children’s learning, the children are more likely to get A's at all grade levels (NCES 2007-040). How many women do you know that pay child support?…

    • 1767 Words
    • 8 Pages
    Improved Essays
  • Great Essays

    Introduction It is the duty of adults to protect children and help them grow in a safe, healthy and stable environment. In order to address the problems that a child may encounter, child welfare laws and policies are created. The laws and policies in this subject are one of the most debated topics, no matter which country the laws and policies belong to. They are always changing and evolving in order to properly avoid the mistakes of the past and to create a better future for all children and young people. In the United States, one of the most significant legislations that came into place was the Adoption and Safe Families Act of 1997 (ASFA).…

    • 1941 Words
    • 8 Pages
    Great Essays
  • Great Essays

    Parents are the foundational tool for developing babies from their state of untouched potential to the complex human beings required for the existence of a harmonious society. However, not all individuals believe society should make parenting an automatic right. In his essay, “Licensing Parents”, Hugh LaFollette makes the argument that because parenting is an activity that can potentially be harmful to others in society, it should necessitate acquiring a license as other potentially harmful activities - such as driving or practicing medicine - do. Utilizing Center for Disease Control statistics on child abuse in the United States, LaFollette argues that in order to avoid bringing harm to children, parents must be “competent.” However, his…

    • 1921 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    Alienated Parents

    • 770 Words
    • 4 Pages

    This study proposes several hypotheses regarding factors that might place children at risk of being alienated from a parent. In Claudine and Godbout (2012) research they focused their qualitative research on six adults who have been alienated from a parent in the past. They focused on their life paths and lived experiences. The results for their study proposed many hypotheses concerning the factors that might place children at risk of being alienated from a parent. The existence of post separation conflict and at times domestic violence or the triangulation of the child appear to be components that favor the beginning of parental alienation.…

    • 770 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Essay On Gay Adoption

    • 516 Words
    • 3 Pages

    Adopting a child Western homosexual couples are experiencing hard times when they are trying to adopt a child. Why are they treated different to heterosexuals? They can give a child the same amount of love, care and wealth. Homosexuals can’t get their own child naturally, so its just good that they can take care of a child that couldn’t been taken care of by their biological parents. Adoption has been around for many years, but only in the last few years the problems about homosexuals adoption has been raised.…

    • 516 Words
    • 3 Pages
    Improved Essays