Times are changing on how legal professionals are viewing child custody issues.
The following few paragraphs are taken from a legal book “Child Custody Practice and Procedure “ published by Thomson Reuters. It is not word for word, but it is information concerning this subject matter of child custody in the courtrooms today for legal professionals to read.
As family formations change, the needs of children have not– Their needs are to be loved, feel loved, supported, guided, and protected. They have the right to know and be able to have relationships with both parents and extended families.
When adults put their needs first and children’s needs last, children suffer.
While generally, fit parents are entitled to a presumption in favor of their decision making as to who can visit their child, some courts are looking at the child’s needs. If there would be serious harm to the child from deprivation of contact with a party (ex spouse), the court may constitutionally compel a parent to preserve a relationship with that party.
41% of children are now born out of wedlock. 1 in 5 children are being raised in single-family homes, and with out fathers.
Custody cases remain among the fastest growing on domestic court dockets as parents, and sometimes nonparents ask the courts to decide disputes over parenting time, child support, medical, educational and religious decisions.
If the parties cannot agree, a judge, representing the power of the state, with no prior knowledge of the dynamics of this family must make a decision based upon the ‘best interests of the child.” While best interests includes the physical, psychological and emotional well being of the child, and what custody arrangement will further that interest is not always clear. And then you are having complete strangers make decisions for you and what is best for your children. There is a chance the judge could not rule in your favor. It’s like rolling the dice. Weather we like it or not prejudice in the courtrooms exists. Many Family law judges deciding our family’s fate and future did not practice in the area of family law.
We must search for more peaceful ways to resolve parental conflicts.
