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Child Custody Strategies - Get Help To Ensure Child Custody , for Men and Women.
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"In the best interest of the child" or "child's best interest" is the famous mantra of the family court,
which is prevalent in child custody proceedings today, yet its interpretation by the family court or
judges is often arbitrary and its meaning is still obscure. Moreover, the law regarding child
custody varies from state to state leaving no uniform legal position regarding what is in the best
interest of the child. Some states have a preference and presumption towards joint custody while
others do not. Some states are amending its law to adopt a preference and presumption for joint
custody while others are amending its law to allow joint custody only when the parents agree to it.
Like most states the standard for child custody determination in California is the overall best
interest of the child such that it assures the "health, safety, and welfare" of the child and "frequent
and continuing contact" with both parents. However, California does not establish a preference or
a presumption for or against joint custody or custody to one parent and therefore leaves the
parenting plan decision up to the discretion of the family court or a judge. In 1979, California
adopted a presumption for joint custody, but later amended the law in 1994 to allow joint custody
only when the parents agreed to it. According to the American Bar Association website, other
states such as Connecticut, Maine, Michigan, Mississippi, Nevada, Vermont, and Washington also
adopted laws in favor of joint custody, but only when the parents agreed to it. Other states such
as the District of Columbia, Florida, Idaho, Iowa, Kansas, Louisiana, Minnesota, Missouri,
Montana, New Hampshire, New Mexico, and Texas, have laws favoring a presumption for joint
custody. In a few other states, joint custody is not specifically authorized.
Regardless of each states position for or against a presumption or preference in favor of joint
custody and whether or not it has been specifically authorized, overall there appears to be a
growing trend in favor of joint custody and more and more bills being introduced to adopt a
presumption for joint custody being in the best interest of the child unless certain circumstances
apply, such as convincing evidence that a parent is unfit or it would not be in the best interest of
the child to award joint custody.
If you are involved in a child custody dispute, whether it is the initial child custody determination or
a child custody modification, you would be wise to consult a family law attorney in your jurisdiction
to help you learn what the law and standard for custody determinations is in your area and how it
applies to your specific situation. Further you will want to learn what factors the court will consider
in determining the best interest of the child so you are fully aware of your child custody rights and
responsibilities.
Copyright © 2007 Child Custody Coach
Child Custody Coach supplies information, online materials, and coaching services to parents in
the field of child custody, namely, divorce, child custody and visitation, child custody evaluations,
730 evaluations, parenting, and all issues related to child custody and divorce. "How to Win Child
Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney
Cost!" is a unique child custody strategy guide written by The Custody Coach and made available
by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match
is an online consumer and family law attorney matching service to help you in your search for the
right attorney for your divorce or child custody case. Custody Match can help you find the right
family law attorney, divorce lawyer, or child custody attorney in your area.
Article Source:
http://EzineArticles.com/?expert=Steven_Carlson
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Child Custody Strategies - Get Help To Ensure Child Custody , for Men and Women.
http://tinyurl.com/6suooyj
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