Child Custody and Family Law
Considering the rate of divorce in the United States, child custody and family laws are of immense importance and well deserving of scrutiny. As such, this sort of litigation and the processes by which arbitration is made are thoroughly examined within Robert Emery et al.'s "Limited science and a flawed system." This document examines a number of research studies that indicate that there is a considerable degree of dubiousness entrenched within the methodology used to determine child custody in cases of divorce and otherwise. Many of the studies examined within strongly suggest that there are severe circumscriptions in the science used for child custody cases, with the implication being that many such cases are ultimately decided with dangerous amounts of autonomy in a highly arbitrary fashion.
An analysis of the research methods of several different studies proves this point. One of the factors that is routinely utilized in determining child custody is parent alienation, a phenomenon originally documented and defined by Richard Gardner. Parent alienation is the syndrome when one parent attempts to manipulate a child into favoring him or her and disliking the other parent. Although this is an important development in child custody cases, there is virtually no way to scientifically measure such a phenomenon, which makes its inclusion in legal matters highly suspect. Gardner himself does not provide any...
Family Law Amendment (Shared Parental Responsibility) Act U v U [2002] HCA Over the years, the moral fibre of the society has continued to crumble. One of the most affected social units in the society is the family. Spouses exchange vows only to go back on their promise that 'till death do us part.' Children are often at the receiving end of such scenarios since family disintegration often has a negative impact
Family Law and Gay and Lesbian Marriage What makes a marriage, in the eyes of society and the eyes of the law? As this paper is being written, President George W. Bush has called for a constitutional amendment upholding the idea that marriage is an institutional bond that can exist only between a man and a woman. Somewhat belying his claim that this idea is purely legal in its nature, however,
E. The mother is verbally abusive or is lying). This is problematic, because it means that the children could be given custody to a dysfunctional parent without the court knowing what is happening. (Weiner, 2003, pg. 183) In the case of the father, the advantages of these legal standards are that the court is looking at what is most stable for the child. As, the mother will have a special bond
Child Custody Family Law, Divorce law The Price of a Child's Future In family law, there are a myriad of philosophical and ethical issues which society must confront. The very personal and intimate nature of family, as well as the permanent ties which bind members of a family together, contribute to the complex and delicate nature of the circumstances where the state gets involved in family litigation. The state has legitimate interest in
Most courts filter their decisions through very basic factors or criteria (Rajeer, 2011). The parent's mental and physical capacity to raise the child is one. Who the primary caregiver is between the parents is another. Who decides on his social interaction activities, handles an emergency, has better finances, and helps the child accomplish daily tasks are other criteria. A child, especially a young one, is exposed to trauma during the
Family Law, Part Two The following is an overview of the various topics covered in Family Law, Part Two. The pertinent areas of discussion will be defined, explained, described, compared and contrasted in order to illustrate the information garnered from this segment of Family Law. Included is a description of the impact of the Child Support Enforcement and Establishment of Paternity Act of 1974 on state requirements in the area
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now