The History of Child Custody Arrangements in the US
Instructions:-
Research the history of child custody arrangements in the United States. Make sure you include the following:
An overview of how child custody arrangements have evolved over the years
A discussion of the cultural changes that have affected the evolution of child custody in the United States, making sure to explain how specific societal changes influenced legal custodial arrangements. A summary of the current trends in child custody arrangements in the United States.
Solution
The History of Child Custody Arrangements in the US
Introduction
Child custody arrangement is a legal concept where it involves regulating the parenting schedule of a child by the Constitution. The Divorce Act manages Child custody arrangement in the United States where it ensures that the duty to care for the children and making decisions is effectively regulated (Johnson & Waldfogel, 2002). This legal concept is mainly associated with the dissolution of a marriage where the court of law protects the interests and rights of the children. This is through the court deciding how the children will relate and interact with the separated parents and the party to be actively involved in making decisions for them. In the case where the parents are viewed by the court as unable to cater for the needs of the child, it may engage a third party in the child custody.
Evolution of Child Custody Arrangements
In the 1970s, cases of family separation and child custody battles were minimal in the United States where the law was designed to directly issue the mother with the child’s custody in the occurrence of the issue. This has, however, changed where due to the changing times the laws have been designed as gender-neutral due to the rise in divorce cases in the US. The laws now consider issuing the father of the child with full custody depending on the court’s ruling.
Cultural Changes
Cultural changes in the US also affect child custody arrangements where the introduction of a new policy determines how the court decides the cases involving child custody. One of the cultural changes involves women being permitted to own property where the law was designed to give them more freedom than men. This led to women being given custody of their children when they divorced with their husbands (Bartlett, 2002). Another cultural change is the introduction of same-sex marriage in the United States. This has led to the emergence of gay and lesbian families where the courts are experiencing challenges in determining the custody of the children. This has led to the introduction of third parties where the children are placed in bisexual homes or are allowed to remain with either the father or mother in the gay or lesbian homes.
Current Trends in Child Custody Arrangements
It has led to the emergence of different types of custody including sole, joint, split, and shared custody. Sole custody involves one parent; that is, either the father or mother will live with the child where the parent will make key decisions for the child such as religion, education, and health. Joint custody involves the law issuing both parents the custody of the child where they are involved in making decisions regarding the child (Bauserman, 2002). Shared custody involves splitting the time the child will spend with each parent; that is, the parents sharing the time to spend with the child where the child might live with the mother on weekdays and the father on weekends. Lastly, split custody involves the parents having more than one child where some of the children live with the father while the others with the mother.
Conclusion
Therefore, from this study one can comprehend the child custody arrangements in the US. According to the US Constitution, during the child custody arrangements, the court must consider some factors before making major decisions. The factors include the stage of development and age of the child, any special needs of the child, child and parents’ relationship, the parenting abilities of the parents, the child’s relationship with relatives and siblings, and the wishes of the child. The court must also consider crucial specific issues regarding the parents such as substance abuse, violence, and health issues before making the decisions regarding child custody.
References
Bartlett, K. T. (2002). US Custody Law and Trends in the Context of the ALl Principles of the Law of Family Dissolution. Va. J. Soc. Pol’y & L., 10, 5.
Bauserman, R. (2002). Child Adjustment in Joint-Custody Versus Sole-Custody Arrangements: A Meta-Analytic Review.
Johnson, E. I., & Waldfogel, J. (2002). Parental Incarceration: Recent Trends and Implications for Child Welfare. Social Service Review, 76(3), 460-479.