Evolution in the Law of Child Custody: Part Two
Some of biggest changes in family law over the last 200 years have dealt with children born to unmarried people. American family law is derived from English common law. According to Nancy Poikoff, a family-law professor at American University, children born out of wedlock before the 19th century had no parents under the law. Children born out of wedlock had very little rights and parents of such children owed very little responsibility to them. In the 19th century, the law changed and mothers were automatically assigned parentage of children. If she were unmarried, she would be considered the sole parent. If she were married, her husband would also be considered the legal father (whether he was the biological father or not.)
In the 20th century, we saw the distinction between legitimate and illegitimate children eroded. In the 1960s and 1970s, the United State Supreme Court struck down state laws that penalized children born out of wedlock.
We are now seeing some movement in the law towards recognizing more than two adults as parents of a child. We saw two such cases in 2007. In Canada, a country that also has its laws derived from English common law, the Ontario Court of Appeals divided parental rights between a sperm donor and both members of a lesbian couple. In Pennsylvania, a trial court similarly awarded custody to a sperm donor and a both members of a same sex couple.
Right now, we are on the front end of a trend in family law. Change is happening gradually, but could have major effects on the way courts deal with parental rights. Family relationships can be complex and the breakup of a family can be a traumatic experience. Parental rights and child custody issues tend to be complex, and the courts are still coming to grips as to how to deal with non-traditional families. If you have questions regarding child custody and parents’ rights issues, an experienced family law attorney can help you find answers.
Source: Boston Globe (Boston.com): Johnny has two mommies – and four dads; Drake Bennett, 10/24/2010.
