19 Aug 2022

178

The History of Child Custody in the United States

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Academic level: College

Paper type: Coursework

Words: 571

Pages: 2

Downloads: 0

An evaluation of the history of child custody involves basic arrangements that are put in place to cater for a child. The arrangements have changed significantly over the years towards ensuring that the parents accommodate interests of a child. The colonial era saw the position of the child as an economic asset to the parents attributed to the labor value. In a situation that involved separation of parents of even death, the arrangements made reflected on giving the child to another family, who would be able to support the needs of the child. However, this changed in the 19 th century where the interests of the child were factored while also embracing the fact that indeed the child needed the care of a nurturing mother in the event of a separation between the parents (Nielsen, 2017).

During this period, a child was automatically handed to the mother in the event of a separation as a way of ensuring that he/she would get the care needed. In the early 20 th century, the rule changed where a wide array of factors were considered before determining the parent that would have custody of the child. However, in each of these cases, the mother was considered as the preferred guardian unless otherwise. In the late 20 th and early 21 st centuries, a dramatic increase in the divorce rates meant that the arrangements on child custody were expected to change to accommodate the children. The period saw an increase in instances where father would be given custody of the child depending on their abilities to show cause on why custody should not be given to the mother.

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Cultural Changes that Affected Evolution of Child Custody 

One of the notable cultural changes that has had a major influence on the evolution of the arrangements that related to child custody in the United States has been an elimination of the perception that only the mother has the ability to care for a child. Historically, it was believed that only the mother had the ability to nurture and care for the children, which meant that, in the event of separation, she would be considered as the most preferred candidate unless otherwise. However, this perception has continuously changed within the United States leading to a situation where fathers are also viewed as having the ability to care and nurture their children in an equal capacity (Baude, Pearson, & Drapeau, 2016). Ultimately, this has been of great value towards ensuring that father are also considered as preferred guardians for the child while considering the benefits that the child would have in each of these scenarios.

Current Trends associated with Child Custody Arrangements 

The current trends associated with child custody arrangements within the U.S are defined by the reasons that may have led to the separation and whether a parent is mentally capable of taking care of the child. When considering full custody, the mental capacities of the parents are evaluated taking into consideration that some parents may be suffering from mental illnesses affecting their capacity to take care of the children. In most cases, child custody arrangements are shared where parents are expected to share the responsibility of providing care to the children regardless of their separation (Drapeau, Baude, Ouellet, Godbout, Ivers, & Saint-Jacques, 2017). In the shared arrangement, the parents are expected to develop a well-structured arrangement of who will be expected to take care of the child at which day of the week. When preparing this arrangement, the parents are expected to consider the best interests of the child at all times.

References

Baude, A., Pearson, J., & Drapeau, S. (2016). Child adjustment in joint physical custody versus sole custody: A meta-analytic review.  Journal of Divorce & Remarriage 57 (5), 338-360.

Drapeau, S., Baude, A., Ouellet, J., Godbout, E., Ivers, H., & Saint-Jacques, M. C. (2017). Relations between postdivorce custody arrangements, family contexts, and children’s adjustment.  Journal of Child Custody 14 (1), 11-33.

Nielsen, L. (2017). Re-examining the research on parental conflict, coparenting, and custody arrangements.  Psychology, Public Policy, and Law 23 (2), 211.

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StudyBounty. (2023, September 14). The History of Child Custody in the United States.
https://studybounty.com/the-history-of-child-custody-in-the-united-states-coursework

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