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Historical Custody Standards?
- Patira Potestas
- Tender Years Doctrine
- Best Interest of the child
- Right for fathers to possess their children.
- Children viewed as property
Tender Years Doctrine
- Presumption that young children were better off with their mother
- "Even the weakest women have the trait of motherly love"
Best Interest of the Child
- No presumption of either parent
- Determined by primary caretaker, psychological parent, and statutory factors.
Primary Caretaker v. Psychological Parent
- Both have similar standards
- Strongest bond = parent the child bonded with the most
- Parent who has done most of the parenting since birth or years preceding the dissolution.
Eight Factors for Best Interest?
- Child's Age and Sec
- Mental & Physical Health of everyone involved
- The wishes of parents
- Evidence of family/domestic violence by either parent
- The child's wishes if they're at least 14
- The childs adjustment to his/her school & community
- The child's relationship & interaction with parents siblings, and anyone else who should be considered.
- Whether or not the child has been cared for by a de facto custodian.
Other things the court might consider?
- Parental miscount/criminal activity
- Religious beliefs/training
- Parents disobeying court orders
- The fitness of either parents
- Maintain permanence/stability in the child's life
- Either parent moving out of state.
Types of Custody?
Legal v. Physical Custody
- Legal means decision making (health, education, and religion)
- Physical = where the child will spend most of his/her time; the physical care and supervision of the child.
- One parent is the custodial parent (makes major decisions and the child lives in their home, has them at least 50.1% of the time)
- The other pays child support and has visitation.
- Each parent has sole/primary custody for part of the year.
- During, one parent has cusotdy and the other has visitation.
- Both parents share making decisions about upbring
- They share having the child reside with them.
- Parents must be willing to cooperate.
- Child support may or may not be needed
Joint Physical Custody?
- Child stays with each parent at different times like Monday-Thrusday.
- Time does not have to be equal.
- Each parent may have visitation rights
- Often accompanied by joint legal custody.
Joint legal custody?
- Both parents share the decision-making powers concerning the child's upbrining.
- Parents MUST agree or compromise.