How To Win At Child Custody Battle PLR Ebook

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The phrase “in the child?s best interest” is widely used in the family court in child custody proceedings. But it is used in many arbitrary senses by the family court or judges. Also, its meaning is slightly vague. The child custody law differs from state to state, thus, there is no uniform legal yardstick which determines what would be best for the child.

Some states make provision and insist on joint custody of the child while others do not. It is being found that some states are amending the existing laws and adopting a preference for joint custody while the others are amending the law to provide for joint custody only if the couple agrees to it.

Like most of the other states, child custody in California is decided depending on the health, safety, welfare, education of the child. He should also be brought up in a congenial atmosphere which would allow free play of creative impulse in him. The child must have frequent and continuing contact with both parents.

But the Constitution of California does not put forth a preference or presumption for or against joint custody or custody to one parent, therefore leaving the parenting plan decision up to the discretion of the family court or judge. In 1979, it adopted a presumption for joint custody but later amended the law in 1994 and made provisions for joint custody when both parents agree to it.

As per the American Bar Association website, other states like Connecticut, Maine, Michigan, Mississippi, Nevada, Vermont and Washington also allow joint custody only if the parents agree to it. States which put forth a presumption for joint custody are District of Columbia, Florida, Idaho, Iowa, Kansas, Louisiana, Minnesota, Missouri, Montana, New Hampshire, New Mexico and Texas. There are a handful of states which specifically do not authorize joint custody.

There is a rising trend in favor of joint custody. Many countries are amending their laws. New bills are being passed and new legislations being introduced which would allow for joint custody. It is believed that this is being done in the best interest of the ward.

But in case either of the parents is unfit for taking responsibility or can not fulfill the requirements of the child then this idea is given a miss. But all states have not yet amended their present system and made place for joint custody.

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