Child Custody Laws In The United States
Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child. Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as "custody" and "access" (known as "visitation" in the United States) have been superseded by the concepts of "residence" and "contact". Instead of a parent having "custody" of or "access" to a child, a child is now said to "reside" or have "contact" with a parent. For a discussion of the new international standards, see parental responsibility.
Residence and contact issues typically arise in proceedings involving dissolution of marriage, annulment and other legal proceedings where children may be involved. In most jurisdictions the issue of which parent the child will reside with is determined in accordance with the best interests of the child standard, but only after the proper fundamental right afforded to biological parent's has been disproven or shown to be inaccurate.
Family law proceedings which involve issues of residence and contact often generate the most acrimonious disputes. It is not uncommon for one parent to accuse the other of trying to "turn" the child(ren) against him or her, 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.
Courts and legal professionals are beginning to use the term parenting schedule instead of custody and visitation. The new terminology eliminates the distinction between custodial and noncustodial parents, and also attempts to build upon the so-called best interests of the children by crafting schedules that meet the developmental needs of the children. For example, small children need shorter, more frequent time with parents, whereas older children and teenagers can tolerate and may demand less frequent shifts, but longer blocks of time with each parent.
Other articles related to "child custody laws in the united states, state, custody, child":
... children of the marriage residing in New York State and under the age of 18, a demand for custody is mandatory in divorce actions ... separated one parent cannot demand the child stays between the parents ... Where the children reside outside New York State custody may not be determined, except in some instances by stipulation ...
Famous quotes containing the words united states, states, united, child and/or laws:
“Vanessa wanted to be a ballerina. Dad had such hopes for her.... Corin was the academically brilliant one, and a fencer of Olympic standard. Everything was expected of them, and they fulfilled all expectations. But I was the one of whom nothing was expected. I remember a game the three of us played. Vanessa was the President of the United States, Corin was the British Prime Ministerand I was the royal dog.”
—Lynn Redgrave (b. 1943)
“Sean Thornton: I dont get this. Why do we have to have you along. Back in the states Id drive up, honk the horn, a gald come runnin out.
Mary Kate Danaher: Come a runnin. Im no woman to be honked at and come a runnin.”
—Frank S. Nugent (19081965)
“Of all the nations in the world, the United States was built in nobodys image. It was the land of the unexpected, of unbounded hope, of ideals, of quest for an unknown perfection. It is all the more unfitting that we should offer ourselves in images. And all the more fitting that the images which we make wittingly or unwittingly to sell America to the world should come back to haunt and curse us.”
—Daniel J. Boorstin (b. 1914)
“The difference between writing a book and being on television is the difference between conceiving a child and having a baby made in a test tube.”
—Norman Mailer (b. 1923)
“We agree fully that the mother and unborn child demand special consideration. But so does the soldier and the man maimed in industry. Industrial conditions that are suitable for a stalwart, young, unmarried woman are certainly not equally suitable to the pregnant woman or the mother of young children. Yet welfare laws apply to all women alike. Such blanket legislation is as absurd as fixing industrial conditions for men on a basis of their all being wounded soldiers would be.”
—National Womans Party, quoted in Everyone Was Brave. As, ch. 8, by William L. ONeill (1969)