Standards to Resolve Custody Disputes
As society evolves, so do the laws and rules that govern it. Laws and the rules that go along with them are in a constant state of evolution because they may or may not be as pertinent in the present as they were in the past or the views and norms of society may have changed such that they have been made moot. This fact is true for all laws, but takes on a special significance with regard to family law. The modern family is not necessarily a husband, wife, two children, and a dog. It may be comprised of any number of different human components. Unfortunately, it sometimes becomes necessary for families to discontinue their social unit and a divorce becomes necessary. Under these circumstances, it becomes necessary to determine who will care for the children which resided within the family unit after the dissolution of the family unit. Deciding who shall care for the children becomes a matter for the law and as such, the decisions are based on rules. Over time, the rules for determining custody have changed as have families themselves. Different family courts have utilized various standards; however, the three standards of custody addressed here include the primary caretaker presumption, the best interest standard, and the approximation standard.
Many courts have found the primary caretaker standard to be helpful in determining with whom the child or children should reside. Though the term seems self evident, for the purposes here it shall be defined as presuming that, "only one parent -- the nurturing parent-should be given primary custody" (Franklin, 2010). Though the term does not seem to be gender specific, based on familial patterns in the current society, it would seem that the presumed primary caretaker will almost always be considered to be the mother of the child and not the father (Franklin, 2010).
Franklin further asserts that whichever parent was the primary breadwinner during...
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