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A Brief History of Parental Rights

The beliefs about parental rights along with custody of children have changed dramatically in the past. The purpose of This kind of article will be to give a brief history of how children along with child custody were treated throughout the centuries.

inside early Roman along with English laws children were considered the property of their fathers. of which was the father’s responsibility to protect, support along with educate his children. If there was a split between the parents, the father always got custody of the children.

This kind of presumption changed in English law inside late 1800s, with the advent of the “Tender Years Doctrine.” According to This kind of doctrine a maternal presumption replaced the paternal preference when the children were six years or younger. The theory was of which a mother will be more suited to care for a child of which will be six or younger. However, the children were returned to their father’s care once they reached the age of six..

As society changed with the start of the Industrial Revolution where there was a change coming from rural living to urban living. The fathers increasingly sought work outside the farm or village along with the mothers stayed home to take care of the children along with the home.

inside 1920s the presumption changed completely coming from fathers automatically getting custody of the children when the parents divorced, to the mothers almost always gaining custody of the children. This kind of trend was true in both American along with English law, along with of which stayed true regardless of the age of the children. At This kind of time the prevailing theory was of which mothers were more suited to raise along with nurture children than the fathers.

This kind of theory of the maternal preference in raising children was given even more credence inside 1930s with the Freudian psychoanalytical theory. This kind of theory focused exclusively on the mother-child relationship along with completely ignored the father’s role in a child’s development.

inside United States, when there was a divorce, one parent was awarded Sole Managing Conservatorship along with the some other parent was awarded Possessory Conservatorship of the children. The parent who had Sole Managing Conservatorship of the children had all the rights along with duties with regards to the child along with the Possessory Conservator basically had the right to “visit” with the child along with had the duty to pay child support, nevertheless had no some other rights with retards to the children. So, the Possessory Conservator had no right to access the children’s medical or educational records, had no right to information about the children. Therefore, in a custody battle there was a clear winner along which has a clear looser. inside early 1900s the mother was almost always appointed the Sole Managing Conservator of the children.

inside 1960s along with 1970s with the sift in American culture to focus more on women’s rights, the climate with regards to a father’s rights with regards to the children commenced to make a shift. With women gaining more equality inside workplace, many commenced to question the idea of the maternal presumption.

However, the change in thinking came very slowly. The law changed in Texas in 1995 when the legislature changed the law to presume of which parents would certainly be appointed Joint Managing Conservators inside event of a divorce. This kind of change spoke mostly to the rights along with duties of parents. So both parents had rights to receive information retarding the children. However, there was still one parent with the primary right of possession of the child along with the some other parent was given a possession schedule along with the obligation to pay child support.

With regards to the Court’s decision about which parent should be appointed the parent with the primary right of possession, the law plainly states of which the best interest of the child will be the focus of the inquiry. This kind of proposition has been law coming from the mid 1970’s. Very often the mother was the one who would certainly be appointed the parent with primary right of possession in Tarrant County Texas.

The laws on the books today about possession along with access to children have not changed much regarding possession along with access of the children since 1995. However, there has been a shift in opinion by many Judges in Tarrant County regarding mothers being the best choice to have primary possession of the children. There will be also a trend developing where Judges are ordering parents to not only be Joint Managing Conservators of the children, nevertheless also ordering of which the parents have equal time with the children. This kind of will be often called a 50/50 access schedule.

So, of which will be interesting to see how custody, possession along with access of children will evolve inside future. Will a 50/50 access schedule become the norm in Texas like of which will be in many some other states inside United States?



Source by Anita Cutrer

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