tag:blogger.com,1999:blog-7102565543549142384.post7571213615509139495..comments2024-02-24T01:54:03.710-05:00Comments on Regent Law Family Restoration: Best Interests of Children? or of Parents?Regent Law Centershttp://www.blogger.com/profile/07743497742242077738noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-7102565543549142384.post-50647180611736488482016-01-30T14:06:14.194-05:002016-01-30T14:06:14.194-05:00I found it interesting in the article titled "...I found it interesting in the article titled "Tracing the Foundations of the Best Interest of the Child Standard in American Jurisprudence" by Lynne Marie Kohm (link within the blog article) that such jurisprudence is thought by legal scholars to have been developed in the 1960’s when it actually began in the colonial times. The article tracks, among other things, the development of child custody law in America from one favoring the father to law generally considering the best interests of the child. The article would prove useful for informing judges who have almost unimaginative “pure judicial discretion” in deciding child custody and the best interests of the children. <br /><br />The “approximation rule,” adopted by the American Law institute as a guideline for judges, proposes to “provide a means of measuring the proportion of time parents spend with their children in performing direct care-giving functions.” However, as the article correctly points out, that approach is quantitative and does not address which caregiver may offer the best “protection, security and love to a child.” The article notes in footnote 243 that American Christians need to advocate on the behalf of children. I agree, but how do we do this more effectively? Also, how do we instill Christian principles regarding child rearing into society, and perhaps present this material in a manner that informs judicial decisions regarding children?<br />Anonymoushttps://www.blogger.com/profile/16628395835575133016noreply@blogger.comtag:blogger.com,1999:blog-7102565543549142384.post-19391424281507153842016-01-15T10:33:30.120-05:002016-01-15T10:33:30.120-05:00"Pure judicial discretion", this is a ho..."Pure judicial discretion", this is a horrifying thought. I did not know that litigators were on such shaky ground regarding a rule of law in this context. So, are lawyers suppose to research the judge to get a better understanding of his worldview in hopes of getting a favorable outcome? How can judges have this much power over a family?Anonymoushttps://www.blogger.com/profile/07791384671982873722noreply@blogger.com