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Child Custody Contests - Rights Of The Father; Mcdanial V. Mcdanial, Howard Walton
Child Custody Contests - Rights Of The Father; Mcdanial V. Mcdanial, Howard Walton
Akron Law Review
In an Ohio divorce action when there is a contest for the custody of a minor child, the proper standard to be employed by the court is: what arrangement will be in the best interest of the child?' In an action for modification of a custody award the same standard is applicable. A statute provides that one parent is not preferred over the other; however, all other considerations being equal, custody will normally be given to the mother, provided that she is fit.
C.R.B. V. C.C And B.C.: Protecting Children's Need For Stability In Custody Modification Disputes Between Biological Parents And Third Parties, Laura Beresh Taylor
C.R.B. V. C.C And B.C.: Protecting Children's Need For Stability In Custody Modification Disputes Between Biological Parents And Third Parties, Laura Beresh Taylor
Akron Law Review
This Note examines the collision of the “foundational policies” recognized by the Alaska Supreme Court. Part II provides an overview of the parental preference doctrine and custody modification standards. Part III presents the facts, procedural history, and the Alaska Supreme Court’s holding in C.R.B. Finally, Part IV analyzes the Alaska Supreme Court’s decision and its consequences. The Alaska Supreme Court properly rejected the use of a parental preference in custody modification disputes, and its holding produced a desirable outcome. However, this Note establishes why the court should adopt a more stringent modification standard to safeguard children’s need for stability in …