PSY 205 3-3 Short Paper-History of Child Custody Arrangements PDF PDF

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History of Child Custody Arrangements Amanda Engwer Southern New Hampshire University

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The common opinion is that mothers always get custody of the children after separation or divorce, but that wasn’t always the case. Child custody arrangements have drastically evolved over time. In colonial America, fathers were granted legal custody in the case of divorce due to the fact that the children were viewed to be property and under English common law, women were not allowed to own property. The courts supported the English common law due to the fact that fathers were considered the financial rulers of the household. In the nineteenth century, a woman from London campaigned for the right of women to have custody of their children after going through a divorce and being deprived of her children. In her campaign, she was able to convince the British Parliament to enact a legislation to protect mothers’ rights (Tender years doctrine - further readings 2021). The Custody of Infants Act of 1839 was a result of her campaign and win over the British Parliament. This act established presumption of maternal custody of children under the ages of seven years old, ultimately being extended in 1873 by the Parliament until the child reached the age of sixteen. There were exceptions given by the courts in the fathers favor if he could establish the mother had committed adultery. After this passing by the British Parliament, many courts and legislatures within the United States adopted the tender years presumption, persisting in many child custody cases for more than a century. During the Industrial Revolution, there was a significant shift in the roles of fathers and mothers. The men began to leave home to work in urban factories, leaving the mothers to care for the family. According to an article from Dads Divorce, “This is where the image of fathers as wage earners and mothers as caregivers began to emerge and influence custody decisions” (Jones, 2021). This is the era in which it was perceived that it was best mothers look after

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children instead of fathers, and continued on for decades, resulting in this idea becoming the norm of society. In these later years, with the different laws put into place and the curve of the new social norms, it became almost barbaric for a father to have sole physical custody of their children versus the mother. Well into the twentieth century, fathers began asserting their rights to their children and courts and legislatures began to reverse and repeal decisions and laws recognizing the tender years presumption, asserting more gender-neutral considerations. Although with the tender years doctrine being abandoned by courts, there is still a strong tendency to award custody of children to the mother (Costanzo & Krauss, 2021). Some state courts hold that the tender years doctrine violates the Equal Protection Clause of the state constitution (Tender years doctrine - further readings 2021). Most states within the United States Now follow the primary caretaker rule. The primary caretaker rule instructs that courts should award primary custody, with the best interests of the child, to the parent who is primarily responsible for raising the child prior to the divorce (Costanzo & Krauss, 2021). Every state across the country follow the best interest of the child standard. The best interest of the child standard is defined as a legal standard that is used by courts when they are making decisions about legal decision-making and parenting time in child custody cases (What does 'best interests of the child' really mean? 2019). Current gender-neutral laws, combined with the best interests standard, allow parents, evaluators, and judges to reach decisions about children on a case-by-case basis which address their individual developmental and psychological needs (Kelly, 1994., P. 135).

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Even with how far child custody arrangements have come since the Colonial times, and the constant change with the times and where society is, there is still so much to learn and focus on the ensure that children are living within a healthy, safe environment where they can thrive and have the best life possible.

References: Costanzo, M., & Krauss, D. A. (2021). Forensic and legal psychology: Psychological science applied to law. New York, New York: Macmillan Learning. Jones, G. (2021, March 11). How child custody has changed over Time: Goldberg Jones. Retrieved March 20, 2021, from https://www.goldbergjones-sandiego.com/child-custody/ custody-changes/ Kelly, Joan. (1994). The Determination of Child Custody. The Future of children / Center for the Future of Children, the David and Lucile Packard Foundation. 4. 121-42. 10.2307/1602481. Law Group, C. (2019, July 09). What does 'best interests of the child' really mean? Retrieved March 20, 2021, from https://cantorlawgroup.com/blog/what-does-best-interests-of-thechild-really-mean Readings, F. (2021). Tender years doctrine - further readings. Retrieved March 20, 2021, from https://law.jrank.org/pages/10725/Tender-Years-Doctrine.html...