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    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #1

    Jul 17, 2007, 10:36 PM
    The best interest of children
    Hi there!
    I am interested in what is considered as "BEST INTEREST OF CHILDREN".Any opinion counts.
    Thank you in advance.
    Best wishes-George
    XenoSapien's Avatar
    XenoSapien Posts: 627, Reputation: 42
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    #2

    Jul 18, 2007, 04:42 AM
    BEST INTERESTS OF THE CHILD

    When deciding custody and visitation rights, a court gives the best
    Interests of the child the highest priority. What the best interests of
    The child are in a given situation depends upon many factors, including:

    * age and sex of the child
    * mental and physical health of the child
    * mental and physical health of the parents, including whether the child
    Is exposed to secondhand smoke and any history of child abuse
    * lifestyle and other social factors of the parents
    * the love and emotional ties between the parent and the child
    * the ability of the parent to give the child love and guidance
    * the ability of the parent to provide the child with food, shelter,
    Clothing and medical care
    * established living pattern for the child concerning school, home,
    Community, religious institution
    * school quality--particularly when one parent wishes to move
    * the child's preference, if the child is above a certain age, usually
    About 12, and
    * the ability of the parent to foster healthy communication and contact
    Between the child and the other parent.

    XenoSapien
    NeedKarma's Avatar
    NeedKarma Posts: 10,635, Reputation: 1706
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    #3

    Jul 18, 2007, 04:51 AM
    It depends where you live of course but if you are in the U.S here is a good reference:
    Divorce & Child Custody - Articles by Category
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #4

    Jul 18, 2007, 06:32 AM
    Thank you.I know it...
    Here are some other examples of some recent and contemporary thinkers about "The best interest of the child":
    The state must declare the child to be the most precious treasure of the people. As long as the government is perceived as working for the benefit of the children, the people will happily endure almost any curtailment of liberty and almost any deprivation.
    Adolph Hitler, Mein Kampf (Boston; Houghton-Mifflin, 1943 (ed. Ralph Manheim translation), p. 403

    .
    The children are our future and this is the reason to put them first-if we have to decide who has to suffer-a child or an adult-I will answer you-THE ADULT!
    Josef Vissarionovich Dzhugashvili a.k.a. Stalin /Public speech/

    Simply because we have the means to determine biological parentage with greater certainty does not mean that it is in the best interests of children to do so... I think the problem with those laws is that, No. 1, they need to consider a child's best interest. I'm not trying to minimize the trauma to the nonbiological father, his feeling of betrayal.
    PROFESSOR MELANIE B. JACOBS, feminist thinker in the USA

    Children's happiness is always hostage to adults' care and common sense. The objectification of children will persist despite law, just as servitude outlasted slavery. Yet I continue to believe that law could tell a less possessive and more selfless story to parents, one that is centered not in parents' rights but in children's needs. THERESA GLENNON-Associate Professor of Law,Temple University
    We find that the balance of policy considerations favors protecting the best interests of the child over protecting the interests of one parent defrauded by the other parent in the midst of a divorce proceeding,We recognize that the former husband in this case may feel victimizedWhile some individuals are innocent victims of deceptive partners, adults are aware of the high incidence of infidelity and only they, not the children, are able to act to ensure that the biological ties they may deem essential are present
    Justice Kenneth Bell ,Florida
    :D :D :D :D :D
    JH123's Avatar
    JH123 Posts: 20, Reputation: 1
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    #5

    Jul 18, 2007, 08:14 AM
    I can't see difference:D :D :D
    Capuchin's Avatar
    Capuchin Posts: 5,255, Reputation: 656
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    #6

    Jul 18, 2007, 08:18 AM
    I'm unsure what you're trying to say by quoting Stalin and Hitler george, it might be best if you just came out and said it.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #7

    Jul 18, 2007, 09:08 AM
    Quote Originally Posted by Capuchin
    I'm unsure what you're trying to say by quoting Stalin and Hitler george, it might be best if you just came out and said it.
    What I'd love to say is-fashist and communist ideology are the same as the American Family law-that is all.
    NeedKarma's Avatar
    NeedKarma Posts: 10,635, Reputation: 1706
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    #8

    Jul 18, 2007, 09:13 AM
    Nah, the best interest of a child is a human concept not a political one.
    Capuchin's Avatar
    Capuchin Posts: 5,255, Reputation: 656
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    #9

    Jul 18, 2007, 09:17 AM
    Just because they were some of the most horrible dictators of our time means that their every word was wrong and hateful? Of course not.

    Just because Einstein was one of the most influential thinkers of our time means that his every word was correct? Of course not.

    You're looking for a link where there is none.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #10

    Jul 18, 2007, 09:19 AM
    Wow-the legislation is POLITICAL act.The laws in force are written by politics not by a human concept
    Capuchin's Avatar
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    #11

    Jul 18, 2007, 09:22 AM
    Politics is based on human values, otherwise there is no use for it.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #12

    Jul 18, 2007, 09:22 AM
    Ok-here "the best interest of the child" was used... dou you agree with the current law?
    https://www.askmehelpdesk.com/family...nt-107108.html
    NeedKarma's Avatar
    NeedKarma Posts: 10,635, Reputation: 1706
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    #13

    Jul 18, 2007, 09:28 AM
    That thread is very dodgy, there seems to be some missing or erroneous information given. One should certainly not base their views on the contents of that.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #14

    Jul 18, 2007, 09:31 AM
    Do not think that there seems to be some missing or erroneous information given
    NeedKarma's Avatar
    NeedKarma Posts: 10,635, Reputation: 1706
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    #15

    Jul 18, 2007, 09:38 AM
    A women he never dated, ever, names him as the father. A court letter is sent to an address where he does not reside and suddenly he is five years in arrears on a default judgement. It stinks to high heaven.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #16

    Jul 18, 2007, 09:53 AM
    Department of Health and Human Services
    Administration for Children and Families
    Office of Child Support Enforcement
    CHAPTER 8 - PATERNITY ESTABLISHMENT
    Default
    Federal law also requires, as a condition of receiving Federal funds, that State law provide for the entry of a default order in a paternity case.[31] There must be a showing that the defendant was served with proper notice of the proceedings. In addition, the State can allow any additional showing(s) required by State law. Entry of such a default order is considered a binding legal determination of paternity, and may serve as the basis for a support order.
    Prohibition against Jury Trials
    Historically, State law determined whether a defendant in a paternity case had a right to a jury trial. However, PRWORA required States, as a condition of receiving Federal funds, to preclude jury trials in contested paternity matters.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #17

    Jul 18, 2007, 09:54 AM
    glennsacks.com | Defrauded Veterans Feel Mixed Emotions on Veterans Day
    One of some hundreds of cases which I know
    NeedKarma's Avatar
    NeedKarma Posts: 10,635, Reputation: 1706
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    #18

    Jul 18, 2007, 09:55 AM
    Quote Originally Posted by GV70
    There must be a showing that the defendant was served with proper notice of the proceedings.
    This never happened. Why wasn't the mail returned if he didn't live there?
    NeedKarma's Avatar
    NeedKarma Posts: 10,635, Reputation: 1706
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    #19

    Jul 18, 2007, 09:56 AM
    Then take it up with the courts or your senator.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #20

    Jul 18, 2007, 10:07 AM
    Quote Originally Posted by NeedKarma
    This never happened. Why wasn't the mail returned if he didn't live there?
    If I can remember / I received a PM / the mail was returned but for judge this was no reason to stop the trial.I will send JH123 a PM and I will ask him to explain.

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