Legal guardianship and child custody are two legal terms which can be described by using a practical relationship and the legality between a guardian and parent and a minor child that the person is taking care of. This person has the legal right to support the child and they also have the duty to make the right choices on behalf of the child in their care.
The United Nations Convention on the Rights of the Child have ratifications in most countries. Visitation, parenting time, conservatorship can also be known as residence, contact and parental responsibility. This legal terminology has taken place of concepts such as access or custody in some nations. In today’s world, instead of a child residing or having contact with a parent, they now can have access or custody of that particular minor child.
Dissolution of marriage or divorce typically have contact or residence issues that generally arise throughout these legal proceedings. Annulments and separations also may be family court proceedings where minor children are involved with the case that is filed in a court of law. The best interests of the child standard is usually an issue because of which parent the minor child will have to stay with or which parent may have sole custody of the minor child. Any child custody attorney services millburn nj is an experienced team that could explain all of your legal options available before filing a child custody motion in court.
Best Interest Rule
All legal decisions that are made in the best interests of the child in order to make the child happy, ensure that they are safe and their overall wellbeing is taken care of would be defined as “the best interest” rule. This is usually what takes place with every custody case that is filed in court. Several factors are carefully considered when considering the best interest of the child and they are:
- The relationship that each parent has with the minor child;
- The child’s health, social and environmental interests; and
- The ability of each parent to address the needs of the minor child
Best Interest Rule Problems
In the last 40 years of history, the “best interest” rule has been known as the court standard. The legal systems highly favor this concept but there are some concept deficiencies. A Professor of Law at Harvard Law, an American Lawyer, and author, Robert Mnookin, claimed that the “best interest” rule has been uncertain. These legal guidelines are a vague and broad set of rules that can only indicate that the parent’s hostility would increase and it would decrease the chance of promoting teamwork that would ensure that the child’s best interests would be considered.
Several experiments have been conducted to observe how the minor children may think of what would be in their best interest. The minor children of a divorce wanted to spend time with both parents, not just one. An analysis found that 93% of the time, the minor children from all age groups found it in their best interests to spend time with both of their parents and this is what made them truly happy!