Wednesday, February 24, 2010

Joint Custody and the Best Interest Standard

"In the best interest of the child" or "child's best interest" is the famous mantra of the family court prevalent in child custody proceedings today, yet its interpretation by the family court or judges is often arbitrary and its meaning is still obscure. Moreover, the law regarding child custody varies from state to state, leaving no uniform legal position regarding what is in the best interest of the child. Some states have a preference and presumption towards joint custody, while others do not. Some states are amending laws to adopt a preference and presumption for joint custody, while others are amending laws to allow joint custody only when the parents agree to it.

To view this article in its entirety, click here.

For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at


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