From the colonial era until the mid-nineteenth century, child custody cases were almost invariably settled in favor of fathers.

1. From the colonial era until the mid-nineteenth century, child
custody cases were almost invariably settled in favor of fathers.
The idea that children were the property of their fathers was a
reflection of the widespread belief that divine law decreed fathers
the undisputed heads of the household. During this time, our nation
was largely an agrarian society, with most children growing up on
self-sustaining family farms where their labor was essential for the
economic survival of the family.

2. As the nation industrialized and increasing numbers of fathers left their homes during the day
to work elsewhere, mothers took over the role of managing households. Husbands were still
the breadwinners, but they were no longer seen as having absolute dominion over all members
of the family. The children, on the other hand, began to experience something similar to the
childhood we know today; rather than being put to work as soon as they were able, many
youngsters were able to play and go to school. Children were now widely seen as needing
nurturing, and mothers were the ones who provided it. Custody cases began to be settled “in
the best interests of the child” – typically, by granting custody to the mother.
The concept of the child’s best interests has remained the focus of child custody law, but it has
taken on different meanings as values have shifted. Through the 1950s and 1960s, divorce
was strongly discouraged because it was believed not to be in the best interests of children. In
the 1970s there was a shift toward the notion that youngsters were better off being raised by
divorced parents than by unhappily married couples. As it became easier to obtain a divorce,
mothers were still awarded custody more or less automatically under the assumption that they
were naturally best suited to raise children.
In the 1980s, the idea of joint custody took hold as the standard for what was in the best
interests of children. As mothers rapidly began to enter the workforce, fewer and fewer were
primary caregivers within their families– and they were no longer seen as the automatic best
option when it came to deciding custody cases. As the divorce rate continued to climb and
family configurations began to rapidly evolve, the courts had fewer obvious answers when it
came to determining what was in the best interests of the child.

3. Today, the definition of “family” is more fluid
than ever, and there is even less consistency in
terms of what is in the best interests of children
when their family structures break down. Courts
are still grappling with this question.
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Irvine, visit this website
www.dunnelawoc.com/child-support