POSC 4210 Lecture Notes - Lecture 6: Sexual Orientation, Joint Custody, Tender Years Doctrine
10 Mar 2016
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Document Summary
Iii: in the mid to late 19th century, custody law began to favor the mother. Child custody standards: tender years doctrine, pusey v. pusey, garska v mccoy primary caretaker doctrine, what are the relevant factors, what makes someone the primary caretaker, the difference between the primary caretaker doctrine and the tender years. Doctrine is that the pcd doesn"t automatically favor the mother in every situation. Tim was granted custody of the son but she got visitation rights. The factors clearly favored beth, but the chancellor still awarded custody to tim because he was biased against homosexuals: supreme court reversed the decision. Xi: norm is joint legal custody, but not joint physical. There is a movement today towards more legal joint physical custody: joint custody options state differences, rivero v. rivero meaning of joint physical custody. Visitation issues and changing circumstances-sexual orientation: chicoine v. chicoine, eldridge v. eldridge. Visitation and grandparents: painter v. bannister revisited, troxel v. granville.
