Child Custody Laws
Child Custody Laws
Residence and contact issues typically revolving around ‘child custody laws’ will include such things asbreakdown of marriage, and multiple legal proceedings where children may be involved.
In most United States areas child custody laws are the issue of which parent the child will reside with is determined around whats best for the child, but only after the proper fundamental right afforded to biological parent’s has been disproven or shown to be inaccurate in many cases of Child Custody Law. Once such instance was in the USA case – Troxel v. Granville(2000), the U.S. Supreme Court affirmed that a biological parent holds a fundamental right in doing whats absolutely best for the children in question.
Other instance of child custody laws include that of O’Donnell-Lamont(2004), from this law situation a state statute requiring a the carer acts in the child’s best interests to be met prior to applying the best interests of the child standard, this means both camps have the best opportunity to proceed on equal terms.
Likewise, the court upheld the requirement set forth mandating a child-parent relationship or long-term personal relationship existed between the child and non-blood related intervenor under the concept of the fundamental right of the parent. The court noted that the issue in itself allowed for a intervener with a legitimate purpose to come forth, and through the statute’s requirement of first showing the relationship, second showing the rebuttal of the presumption, and finally judging the choice on the best interest of the child standard, the fundamental right of the parent was being given proper Due Process Requirements under the 14th Amendment Due Process Clause.
Residence and contact are the biggest parts of child custody laws and often are met with major disputes. Many warring parents will say the other is trying to “turn” the child(ren) against them, allege some form of emotional, physical, or even sexual abuse by the other parent, or for the “residence” parent to disrupt the other parent’s contact or communication with the child(ren). Cases of parents removing children from the jurisdiction in violation of court orders, so as to frustrate the other parent’s contact with the children, are not unusual.
There are many avenues of support and legal persuit for child custody laws, this page aims to provide some links and information that may assist in various cases.
