Children tend to strengthen marital unions and in the case that the association ends, the same children may become the center of perpetual legal tussle. Each of the parents is keen on having the child (children) as this is one of the most significant products of the union. It is at this point that the law applies to determine who of the two will have custody of the child (children) and the rights of the other parent. Child custody arrangements in the US have a long history dating back to the 19 th century but these arrangements have evolved. The evolution of child custody arrangements trends are aligned with cultural changes that have happened over the last few centuries
The early 19 th century marked the settling of colonial Americans in the US and at the time, English common law established that upon divorce, the father was granted child custody. This provision changed with the Industrial Revolution as more fathers worked away from homes leaving child care to mothers which influenced child custody decisions. The Custody of Infants Act of 1839 allowed judges to use discretion and mothers to petition for custody of kids who are less than seven years (McCall, 2019). Tender Years Doctrine of 1973 established that the mother was most suited for care for children who are under 16 years. The current trends in the child custody mainly centers on a doctrine that was substituted by the “best interests of the child” philosophy in the 1960s aimed at establishing which parent is best suited to serve the child’s needs (Ryznar, 2017). Courts are advocating for mutual agreements between parents to encourage collective parental care arrangements. The philosophy paved the way for joint custody, which is the norm nowadays where most arrangements are joint legal and physical custody where both parents having time to parent the children.
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The evolution of child custody has been a result of cultural exchanges as society continues to change to meet evolving needs. The Industrial Revolution as one of the most significant social change placed the care of children in the hands of mothers allowing for their consideration in child custody. English colonialists influenced the decisions on child custody arrangements as their laws formed the basis of these determinations. The other significant cultural change related to child custody is the feminist movement, which aimed at empowering women. In the 1960s, more women joined the workforce which changed gender roles as women were no longer viewed as primary caregivers (Ryznar, 2017). This change paved the way for joint legal and physical custody as each of the parents is capable of taking care of the children.
References
McCall, S. (2019). Bringing Specificity to Child Custody Provisions in California. Golden Gate University Law Review, 49(2), 142-166.
Ryznar, M. (2017). The Empirics of Child Custody. Cleveland State Law Review , 65(2), 211-229.
