| Child Custody Laws In The United States |
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GENERAL DISCUSSION Residence and contact issues typically arise in proceedings involving Dissolution Of Marriage , Annulment and other legal proceedings where children may be involved. In most Jurisdiction s the issue of which parent the child will reside with is determined in accordance with the Best Interests Of The Child standard. Family Law proceedings which involve issues of residence and contact often generate the most acrimonious disputes. It is not uncommon for one parent to accuse the other of trying to "turn" the child(ren) against him or her, allege some form of emotional, physical, or even sexual abuse by the other parent, or for the "residence" parent to disrupt the other parent's contact or communication with the child(ren). Cases of parents removing children from the jurisdiction in violation of court orders, so as to frustrate the other parent's contact with the children, are not unusual. Courts and legal professionals are beginning to use the term parenting schedule instead of custody and visitation. The new terminology eliminates the distinction between custodial and noncustodial parents, and also attempts to build upon the so-called best interests of the children by crafting schedules that meet the developmental needs of the children. For example, younger children need shorter, more frequent time with parents, whereas older children and teenagers can tolerate and may demand less frequent shifts, but longer blocks of time with each parent. THE LAW IN THE UNITED STATES New York State Where there are children of the marriage residing in New York State and under the age of 18, a demand for custody is mandatory in divorce actions. Where the children reside outside New York State custody may not be determined, except in some instances by stipulation. Custody may not be awarded to a person other than the father or mother, except under unusual circumstances which require a hearing. Children under the age of 21 must be supported by both parents to the extent that they are able to support the children under the provisions of the Child Support Standards Act. See Paternity for discussion of judicial recognition of filiation which may be necessary before custody or support may be determined. Research 15% of custodial parents in 2002 were men, unchanged since 1994 (cf. p.1). U.S. Census Bureau While 40% of children whose fathers live outside the home have no contact with their children, the other 60% had contact an average of 69 days in the last year. U.S. Department of Health and Human Services Children raised by divorced mother score lower on average than children with continuously married parents on measures of academic success, conduct, psychological adjustment, social competence, and long-term health outcomes. U.S. Department of Health and Human Services Of the 12 million one-parent family, 10 million are maintained by women (group excludes remarriage) (cf. p.8). U.S. Census Bureau State Summary of Joint Custody and Shared Parenting Statutes by Children's Rights Council Men are much more likely than women to believe that two parents are more effective at raising children than one parent alone U.S. Department of Health and Human Services 87% of mothers and 73% of fathers reported that they hugged their children or showed them physical affection at least once a day. Similarly high percentages reported telling their children daily that they love them (cf Parenting). U.S. Department of Health and Human Services SEE ALSO
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