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A Comprehensive Guide to Child Custody Evaluations: Mental Health and Legal PerspectivesStandards for Resolution of Custody Disputes

A Comprehensive Guide to Child Custody Evaluations: Mental Health and Legal Perspectives:... STANDARDS FOR RESOLUTION OF CUSTODY DISPUTES ourt battles over custody are a relatively new phenomenon. CBefore the 19th century, wives and children were viewed as a man’s possessions, and the children continued to belong to their father after separation or divorce. Late in the 19th century, United States courts began to view the child’s best interests as the deter- mining factor in custody decisions. This change was accompanied by a shift to the presumption that the mother was the most appro- priate caretaker for children under the age of 7. This tender years presumption could be rebutted only if the mother was shown to be unfit (Melton, Petrila, Poythress, & Slobogin, 1997). Later in the 20th century, the courts began to develop a more gender- neutral approach to custody decisions, embodied in the various legal standards discussed below. BEST INTERESTS STANDARD In using the “best interests of the child” as the standard for custody decisions, courts are still left with the question of how to define those best interests. In 1979 the US Congress passed the Uniform Marriage and Divorce Act (UMDA), which attempts to provide such 43 44 GENERAL CONSIDERATIONS a definition by identifying five factors to be http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

A Comprehensive Guide to Child Custody Evaluations: Mental Health and Legal PerspectivesStandards for Resolution of Custody Disputes

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Publisher
Springer US
Copyright
© Springer Science+Business Media, LLC 2008
ISBN
978-0-387-71893-4
Pages
43 –56
DOI
10.1007/978-0-387-71894-1_4
Publisher site
See Chapter on Publisher Site

Abstract

STANDARDS FOR RESOLUTION OF CUSTODY DISPUTES ourt battles over custody are a relatively new phenomenon. CBefore the 19th century, wives and children were viewed as a man’s possessions, and the children continued to belong to their father after separation or divorce. Late in the 19th century, United States courts began to view the child’s best interests as the deter- mining factor in custody decisions. This change was accompanied by a shift to the presumption that the mother was the most appro- priate caretaker for children under the age of 7. This tender years presumption could be rebutted only if the mother was shown to be unfit (Melton, Petrila, Poythress, & Slobogin, 1997). Later in the 20th century, the courts began to develop a more gender- neutral approach to custody decisions, embodied in the various legal standards discussed below. BEST INTERESTS STANDARD In using the “best interests of the child” as the standard for custody decisions, courts are still left with the question of how to define those best interests. In 1979 the US Congress passed the Uniform Marriage and Divorce Act (UMDA), which attempts to provide such 43 44 GENERAL CONSIDERATIONS a definition by identifying five factors to be

Published: Jan 1, 2008

Keywords: Primary Caretaker; Child Custody; Approximation Rule; Custodial Parent; Joint Custody

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