NY Dad gets custody - feminists upset...

[mdegol]

I'll tell you what: I don't think a custodial father should lose physical custody solely due to his choice to go to college! (key work here is SOLELY) Anyway, what did you want me to say?  It is not disturbing that a father obtained custody of a child, it is the reason that the article states for the custody change.  I would think it was just as unfair if it happened to a father.  And, trust me, it works both ways.  If anything, this argument would be used even more potently against custodial fathers, as you imply the automatic assumptions many people make.  So it is good that NOW (or whoever) takes a stand against this for custodial PARENTS, since the decision can be pointed to as precident for both genders.  Their motives aside.  I believe it would be overturned on appeal with either gender if this is the sole reason for the custody change.
 
I am not making assumptions, just posing possibilities due to the vagueness of the article. 

[mdegol]

Ok, so this was a case in 1994. Sure enough it was overturned. You can read details. Judge had a history (took custody away from a lesbian in one case) sounds like he was old. I didn't check but due to age at time of case likely isn't a judge anymore. Pretty pitiful, since mother eventually dropped out of college partly due to custody battles (undoubtably).

http://law.jrank.org/pages/3612/Baby-Maranda-Case-1994.html

[gemini3]

How odd that this article came up on my google news page - and at the top it has today's date.  I see now the very small, light print "published on..."
 
Oh well, still made for some good conversation.  I know a tremendous amount has changed in 15 years.  I wonder if it would still be overturned today?

[mdegol]

Yes, good conversation, and actually it is kind of nice to know the resolution at the time.  At the bottom of the post, someone mentions that they saw a movie about this case.  I found a few more articles about it (this one is pretty unkind to father, if I had found some of the others first, I would have posted them instead because People has a article that was more balanced and father really behaved as a typical teenager in the beginning but did have a much more mature attitude later), and it mentions that later she ended up moving to be near father and they now share custody.    So maybe a happy ending??

[Waylon]

You are interpreting best interests of child to mean "best possible living situation".

Yes, and that's because that's what the phrase means: the best circumstances for the child to be in.

[mdegol]

"The issue is which living arrangement would be in the child's best interest.  The judge felt that it would be better for the child to live with the parent who had a family member available to care for the child, as opposed to a daycare worker."
 
 
That is quite a different statement from the one that I was responding to.  I agree that it is circumstances.   An educated parent is a circumstance, just like daycare versus family member care is a circumstance.

[gemini3]

I don't know of any state that lists the parents education levels in the best interest of the child's statutes.

[mdegol]

Here is Michigan's best interest statutes.

Michigan

Mich. Comp. Laws Ann. § 722.23 (LexisNexis through 1-16-08) As used in the act, ‘’best interests of the child’’ means the sum total of the following factors to be considered, evaluated, and determined by the court: The love, affection, and other emotional ties existing between the parties involved and the child• The capacity and disposition of the parties involved to give the child love, affection, and guidance and to • continue the education and raising of the child in his or her religion or creed, if any The capacity and disposition of the parties involved to provide the child with food, clothing, medical care, or • other remedial care recognized and permitted under the laws of this State in place of medical care, and other material needs The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining • continuity The permanence, as a family unit, of the existing or proposed custodial home or homes• The moral fitness of the parties involved• The mental and physical health of the parties involved• The home, school, and community record of the child• The reasonable preference of the child, if the court considers the child to be of sufficient age to express • preference The willingness of each of the parties to facilitate and encourage a close and continuing parent-child • relationship between the child and the other parent or the child and parents Domestic violence, regardless of whether the violence was directed against or witnessed by the child• Any other factor considered by the court to be relevant to a particular child custody dispute

[MrCustodyCoach]

Let's not pretend that the family court system ever has "the best interests of the children" in mind.  It's used as both a sword and shield to justify the mindless rulings that they make every single day with only one entity's best interests in mind:  the state's coffers.

"The best interests of the children" is one of the most bastardized phrases in our vernacular and makes me cringe every time I see and hear it used in the context of a family court event.

[mdegol]

I completely agree, it can mean whatever they want it to mean.  The Michigan statue is blatent about it : "Any other factor considered by the court to be relevant to a particular child custody dispute" Some states have things that cannot be considered, such as the relative financial status of the parties (as long as food and shelter are taken care of).  I have seen lawyers use it to justify almost any request I or the bf have made (although not always successful of course).