SPC Blog: What You Need to Know

Should Family Courts Presume that Both Parents are Fit?

Child welfare cases and family court courts share an imperative to seriously investigate allegations of abuse and violence, so that children and other family members are not placed in danger

  • In child welfare, parents are presumed fit, and “only after a parent is found unfit may a court reach the second question of who may care for the child based on the best interests of the child” (Bei-Wen Lee, 2017).
  • However, in the case of custody disputes in family court, the argument is frequently made that shared parenting should not be a general presumption based on the possibility of abuse in some cases.

Source: Prof. Kari Adamsons, U of Connecticut, January 26, 2018

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