The Advantages and Disadvantages of Presumptions in Custody Decision-Making

The issue of parental preferences for a child is complicated as of the matters stated de facto and those stated de jure. The maternal presumption gives ground for mothers to decide the destiny of a child without taking into account the position of a father. In most cases such practice leads toward only difficulties and severed contacts of a child with another parent. The disadvantage of maternal presumption is highly discussed in terms of American jurisdiction. The point is that some points of such idea are not fair for fathers at all.

First of all, the points of custody decision making should touch upon the concept of shared parent opportunity for a child. In fact, the choice of a child is in most cases ignored. Thus, the situation of moral shaping turns into the judicial process which leads only to the deepening of the problem. Frantz (2000) admits that in terms of the statutes of almost all states the decision about custody should be developed in the “best interests of a child”. On the other hand, one-sidedness of parent’s rights after divorce does not take into consideration the points of a mother’s possible unfitness. This is why the jurisdiction of the federal law base needs more explanation of such situations. Hence, the process of gaining custody among parents should be delineated on the primordial equality of both parents. In this case shared parenting model is the best way out. Also a gender-neutral flow of the decision making should be based on the approach to “mothers and fathers to compete for custody on an equal footing”.