Unfortunately, divorce is not a modern affliction. It has been going on for centuries, but the way the courts look at child custody cases has seen some changes over the years. In the 1800’s children became the sole responsibility of the father’s.This was primarily because of the estates that they would someday inherit as well as property laws. Mothers were not allowed to receive custody of their children in the event of a divorce.The nineteenth century began to see a slight change in the child custody cases especially when it involved younger boys and girls. It was thought that mothers had a better instinct when it came to caring for young children.Throughout the years this thought process has been kept pretty much the same. Mothers were almost always awarded custody of their children whether it was in their best interests or not. Of course the previous instances where fathers always received child custody may not have been in the child’s best interest either.So the courts needed to provide some standards that they could follow so a child would be the beneficiary of a good life in a divorce.Although fathers have made some inroads into child custody cases they still don’t receive custody as often as mothers. Many states, while they feel it is unconstitutional to place the children with the mother all the time, still do it anyway. There is a ruling from the Supreme Court called the Equal Protection of the Fourteenth Amendment that does prevent any court from basing decisions on generalizations of either parent.You may want to check out contact Tiffany Fina Law about your Scottsdale child custody case for more.
It is thought that even if the father doesn’t get child custody they have much more influence and visitation rights than they used to in child custody cases since this decree from the Supreme Court. They are more active in their children’s lives and some actually receive joint child custody.This means that while the child or children will still live with the mother, he will be involved in making decisions about their health care, education, religious upbringing and other fundamental issues.In some states the court may appoint guardians to represent the best interests of the child or children in child custody cases. They would visit the homes of both parents to see the living conditions and the parenting plan that each one has in place. This could change the way the court looks at who has the best interests of the child or children. They don’t always give the children to the primary childcare parent so it can no longer be considered a given.Parents can also try to change or modify the results of child custody cases once they are in place. If circumstances change for the custodial parent then the non custodial parent may win sole custody, but again it will differ from state to state. It is always best to consult with a professional when looking at child custody cases as each case is different and the best interests of the child are at stake.