The agreement to share physical custody of children after a divorce has become increasingly common over the past few decades. Parents can have these agreements drawn up by a Divorce Law Attorney Rockville Centre NY has available.
Previously, fathers often were frustrated at the tendency of family courts to award primary custody of children to the mother in most cases. Many people don’t realize that until the 19th Century, fathers in this nation nearly always maintained custody of children after divorce by Colonial American law.
Colonial America
Divorce was uncommon during the early years of this country and in Europe as well. American colonists followed English common law that kept children with fathers after the parents split up. From the 1600s through the early 1800s, children were mainly viewed by courts as economic assets and sources of labor.
The 1800s
This attitude began to shift by the mid-1800s, when children gradually came to be seen as requiring nurturing to thrive. Education became more of a priority. Now, courts began to consider the best interests of the child instead of viewing them as financial advantages. For this reason, judges sometimes would award custody to mothers.
The 1900s
By the 1900s, the tide had completely turned as the Tender Years doctrine became the prevailing force. This doctrine was so strict that it never allowed divorced fathers custody of children four years of age and younger. This generally meant that mothers could expect to be granted full custody of all of their youngsters, even those older than four years. Trying to gain shared custody for fathers would have been very difficult for a Divorce Law Attorney Rockville Centre NY had available.
Today
In the later 1900s, women were no longer as likely to be stay-at-home moms compared with earlier in the 20th Century. With both parents now working full-time, the idea that mothers are more nurturing than fathers became less ingrained. Family courts now encourage divorced parents to be fully involved in their children’s lives, even if shared physical custody is not feasible.
Law firms like Simon & Milner represent parents who are divorcing and want to document a custody and visitation agreement with the court. Details on this organization can be seen at visit us website.
