Doe And Jacobson Case Summary
This is custody given to parents or guardians of the same sex or gender. They might be in the form of lesbians or gay men or basically trans-genders. During the common law period, such relationships were not given custody of their children since the court assumed that it would be unfit.
“The case of Doe v Doe and Jacobson v Jacobson exemplifies the hypocrisy inherent in judicial approaches to lesbian child custody cases” .
The court drawing approvingly from a similar case , stated that, a state may not deprive parents of custody on their children because…the parents embraced ideologies or pursued lifestyles at odds with the average” . The court decided that according to a similar case, a state shouldn’t give custody to a parent because he/she …show more content…
The court doesn’t allow for anyone to acquire custody even the parents themselves. The child has to be safe and well cared for in order for that to happen. “In common law, the father had custody of the children when the family was living together harmoniously, and his custody rights remained when he and the mother were separated” .
“ The parents may have the same visitation rights, however this doesn’t justify a husband separated from his wife can forcibly acquire custody” .Parents have the same rights over the child but this thus ensures limit over when the husband is trying to take the children away from the wife .
There are cases where the children might be illegitimate; therefore custodian rights over the children are not legit. However some courts decided that if the parents are well off and are fit to take care of the children then they can. Custody battles mostly occur between parents or grandparents, uncles’ aunts. The parents are mostly chosen as guardians. “ Under common law, the fathers were considered as sole owners of the children, however as laws gradually developed over the years , the courts agreed that the suitable parent is the female” .
VISITATION …show more content…
However some courts decided that if the parents are well off and are fit to take care of the children then they can. “Most courts would give custody to the mother rather than the father if there is an illegitimate child involved” .
VISITATION.
When a court issues sole custody on a child, it might affect the child negatively since the parent has to wait for his visiting hours in order to see the child. This has a hard impact on the child’s emotional status.
“ When determining whether or not to grant a parent visitation, courts will generally deny visitation only if evidence demonstrates that visitation would likely harm the child; there is a strong presumption that visitation by a non-custodial parent is in the child’s best interest” .
“The court can deny one the right to visit a child if the person’s behavior constrict with the court’s definition of factors limiting a child’s best interests.
Some factors may include:1. The child’s mental and social needs.
2. “The parents’ ability to meet these needs” .
Visitation from a parent should help the child in so many ways including accepting that the parents have moved on and trying to cope with seeing one of them on a scheduled
“The case of Doe v Doe and Jacobson v Jacobson exemplifies the hypocrisy inherent in judicial approaches to lesbian child custody cases” .
The court drawing approvingly from a similar case , stated that, a state may not deprive parents of custody on their children because…the parents embraced ideologies or pursued lifestyles at odds with the average” . The court decided that according to a similar case, a state shouldn’t give custody to a parent because he/she …show more content…
The court doesn’t allow for anyone to acquire custody even the parents themselves. The child has to be safe and well cared for in order for that to happen. “In common law, the father had custody of the children when the family was living together harmoniously, and his custody rights remained when he and the mother were separated” .
“ The parents may have the same visitation rights, however this doesn’t justify a husband separated from his wife can forcibly acquire custody” .Parents have the same rights over the child but this thus ensures limit over when the husband is trying to take the children away from the wife .
There are cases where the children might be illegitimate; therefore custodian rights over the children are not legit. However some courts decided that if the parents are well off and are fit to take care of the children then they can. Custody battles mostly occur between parents or grandparents, uncles’ aunts. The parents are mostly chosen as guardians. “ Under common law, the fathers were considered as sole owners of the children, however as laws gradually developed over the years , the courts agreed that the suitable parent is the female” .
VISITATION …show more content…
However some courts decided that if the parents are well off and are fit to take care of the children then they can. “Most courts would give custody to the mother rather than the father if there is an illegitimate child involved” .
VISITATION.
When a court issues sole custody on a child, it might affect the child negatively since the parent has to wait for his visiting hours in order to see the child. This has a hard impact on the child’s emotional status.
“ When determining whether or not to grant a parent visitation, courts will generally deny visitation only if evidence demonstrates that visitation would likely harm the child; there is a strong presumption that visitation by a non-custodial parent is in the child’s best interest” .
“The court can deny one the right to visit a child if the person’s behavior constrict with the court’s definition of factors limiting a child’s best interests.
Some factors may include:1. The child’s mental and social needs.
2. “The parents’ ability to meet these needs” .
Visitation from a parent should help the child in so many ways including accepting that the parents have moved on and trying to cope with seeing one of them on a scheduled