Child Custody Homestead儿童custody 家园.ppt

Child Custody Part 2 – The Custody Decision, Modification, and Relocation From Property to Person (almost) Pre-19th Century Common Law: Children were the property of their fathers 19th Century: Development of the “Tender Years” Doctrine and custody awards of younger children to mothers 1960’s and 70’s: “Best Interests of Child” becomes dominant standard 1970’s and 80’s: Joint Custody laws enacted Sole vs Joint Custody Joint Custody becoming more common as society changes and fathers play a greater childrearing role in intact families which they expect to continue post-divorce Some states have a presumption of joint custody, but that does not mean a 50-50 split of the child’s time Joint Legal vs Joint Physical Joint Legal Custody More common than Joint Physical Shared decision-making, not necessarily different from sole custody in terms of time spend with each parent Joint Physical Custody Still a minority of cases Child spends substantial, but necessarily precisely equal, time with each parent Mix and Match Can have joint legal without joint physical Most common arrangement Can have joint physical without shared decision making on major issues (joint legal) Can have demarcated joint legal custody Certain types of decisions (medical, religious, educational) assigned to one parent or the other) “Nesting” Arrangements Special type of Joint Physical Custody Children stay in primary residence and parents rotate in and out Works only where parties can cooperate at a high level and can afford three separate residences (father’s, mothers, children’s) Doesn’t permit geographic mobility and makes remarriage and additional children difficult Custody by Any Other Name Recent efforts to reduce the conflict inherent to possessory (“fighting”) words like custody and visitation Alternate terminology: Parenting Plan Parenting Time Residential Time Parental Responsibility (FL) Custody Policy Statement (FL) “It is the public policy of this state to assure that each minor child h