Know About Laws of Custody?

The courts, lawyers, child custody evaluators, legislators, parents, and children are all dealing with uncharted waters with regards to the laws of custody of children affected by divorce. Before the nineteenth century, fathers were absolutely awarded custody of the children dad was the parent who could provide for the kids and was perceived as the stronger of the two sexes.

Many women were dying in childbirth or with other illnesses of the day. The men owned the land, voted, fought, and had autonomy in the household. However, by 1813, a state court penned an exception to this absolute right to child custody. The state court maintained that the best interests of the children were best served by being in the custody of their mother. This legal deviation from the precedence of paternal custody came to be known as the Tender Years Doctrine and spread throughout the divorce courts of the nation.

It wasn't until the 1970s that this unrealistically stereotypical view of fathers and mothers was challenged as unconstitutional and prejudicial. More and more judges are now ruling for child custody based upon what he or she knows about the best interests of the child. That's why it is so important for parents to come to court or mediation with the best preparation and all the facts that will best serve the kids. They must plan for countermoves when objections arise and plan from the other side.

What the judge lays down in the divorce decree and custody agreements is basically irrevocable unless parents go back to court and have it revised. This, of course, is expensive, emotionally exhausting, and time consuming. Get it right the first time. Whatever parents can do to iron things out before bringing it to the judge lowers expenses, promotes harmony, and best meets the needs of the kids.

The United States Constitution protects the rights of parents to raise their children the way they see fit. The government is allowed to intervene only when there is an issue of safety or welfare of the children at stake. Then, there are agencies like Child Protective Services, the National Center for Missing and Exploited Children, and the ABA Center on Children and the Law that will step in and protect children.

Every detail of childrearing is examined under a microscope when the family breaks down and compromises its autonomy. However, the government cannot usurp parental choices and decisions on raising their children except where harm to the child is in the mix. If a parent is doing something harmful to the child, then the government feels obligated to step in to protect and serve the children.


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Lil Lyon is all about surviving divorce. Strong families = strong children. So, Lil created:

http://www.forchildcustody.com

Visit her website. Learn about choosing an attorney for child custody, blended family issues, courtroom perceptions and more!