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Child Custody: Paternal Rights

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Child custody is the right and duty to care for a child on a day to day basis. It involves making major decisions concerning the life and well being of the child. From the early history of our country until the mid1800s, fathers were generally favored for custody in the event of divorce because children were basically considered property, all of which belonged to the man (ABA, p. 82, 1994). However, by the mid1800s, this sentiment changed and the mother received custody of the children so long

as she was minimally fit (ABA, p. 82, 1994). This preference ~

continued until the 1970s and 1980s, at which time both parents

were theoretically to have equal status in the battle for

custody. Currently, both the mother and the father have an equal

burden of proving to the court that it is in "the best interests

of the child" for the child to be in his or her custody (ABA, p.

82, 1994). However, absent a significant problem, such as

alcoholism or mental illness, the most important factor in

determining custody is which parent has been primarily

responsible for taking care of the child on a day to day basis

(ABA, p. 83, 1994). Therefore, the parent who is more

experienced and dedicated to caring for the child on a daily

basis will often receive custody of the child. In light of the

prevailing structure of our society, it is frequently the mother

who is given custody of the child. This is particularly true in

situations in which the parents of the child are not married.

. . .
oriented as mothers, yet gender bias still exists and consequently limits a noncustodial father's involvement (Major, p. 38, 1998). Major further maintains that fathers provide a necessary balance and contribute an insight that is highly beneficial to the developing child (p. 38, 1998). Therefore, unless a parent is absolutely incapable of caring for the child, both parents should be actively involved in the child's life so that the child feels secure, loved and wanted by both parents. Federal law requires each state to establish guidelines for calculating child support. The purpose of the guidelines is to eliminate unfair or arbitrary awards. Generally, the incomes of each parent, the number of children each parent is responsible for, and which parent has primary custody of the child, are the factors considered in awarding child support (Facts, p. VI13, 1994). The parent who obtains physical custody of the child will usually contribute a smaller sum due to the extra expenses normally associated with having custody. The problem, however, is not calculating the award, but instead, lies in the enforcement of the award. (Mierzwa, p. 32, 1994). According to the U.S. Census Bureau statistics, approximately 26 percent of parents who
. . .

Some common words found in the essay are:
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Approximate Word count = 1948
Approximate Pages = 8 (250 words per page)

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