The Best Interest of the Child
Thomas C. Wight
General Psychology I, Monday and Wednesday 1:00 to 2:15pm
22 January 2013

The Best Interest of the Child
A Review of the Literature The divorce rate among Americans has steadily risen in recent years with approximately 50% of marriages ending in divorce, or at least that’s what we have been told. The divorce rate in America has actually taken a slight decline in recent years and is approximately 35% to 40%. While that is still a very large percentage, it is an improvement. It has made fairly consistent climb from approximately 5% at the turn of the 20th century, mostly due to individuals no longer needing to provide sufficient grounds for divorce as they have in years past. (Clarkson, L 2011.) While nobody argues an individual’s right to divorce, separate or remained married. We need to consider how our children will develop psychologically in a world where divorce is not only acceptable, but a normal chain of events for approximately half of the marriages in America. Will our children begin to blame themselves for their parent’s marital problems? The review of this article examines the courts battle when deciding child custody cases in relation to divorce, separation, or the death of a spouse. Child custody raises many questions: 1. Should the court consider the needs of the child or base the decision purely on State or Federal codes? 2. Is there past case law to be considered that would assist in reaching the proper decision? 3. Should the child’s wants be considered if they are an adolescent? 4. Should religion or sexual orientation be considered when deciding child custody?
I don’t believe that child custody should be decided solely according to State or federal Codes; however, they need to be considered. Each child custody case is unique, and of course all of those questions need to be addressed, along with multiple other questions. In the article “The Best Interest of the Child” (2000) by Professor Eleanor Willemsen, Department of Psychology, Santa Clara University, and Michel Willemsen, an attorney specializing in appellate law, child custody and its effect on the development of the child are discussed. One particular case that was in front of the courts was the case of 6-year old Elian Gonzales whose mother died attempting to reach freedom in the United States while fleeing Cuba in November of 1999. His relatives resided in Miami, FL and his Father remained in Cuba. The court had to decide whether to return the Elian to his father or allow him to remain with relatives in the U.S. In this case there is a host of issues that have come to the surface, immigration policy, federal and state procedural issues, and political agendas. There are a number of cases cited in the article where “the best interest of the child” was not considered, much less even considered when deciding child custody. Research in developmental psychology has shown that children need stability and security while in childhood. They are harmed psychologically when there is a break down with their intimate relationships with adults who provide their care. Professor Willemsen provides five ethical principles to consider when deciding child custody. The child is the most vulnerable party in the proceeding, the placement must take account of the child’s relationships of attachment, swift action needs to be taken when making a placement decision, whoever is caring for the child must be fit, and respect for the family autonomy and the parents right to make decisions about the day-to-day conduct of the child’s life. If the decisions for child custody and placement are not completed in a timely manner, the development of the child will most likely be damaged and it remains to be seen if that damage is repairable.

Conclusion In conclusion, the article addresses the need for the court to act in the best interest of the child and to reach a decision for child custody as quickly as possible. The courts are not considering the mental well-being of the child in most cases, but are more concerned with not violating parental rights. Parents have a right to separate, divorce, move, and make decisions in the upbringing of their child; however, these rights may conflict with the child’s best interests. The court has to decide whether to include or disregard; religion, sexual orientation, race, ancestry, along with many other things. My original questions that I anticipated the article to address: 1. Should the court consider the needs of the child or base the decision purely on State or Federal codes? 2. Is there past case law to be considered that would assist in reaching the proper decision? 3. Should the child’s wants be considered if they are an adolescent? 4. Should religion or sexual orientation be considered when deciding child custody?
Several of those questions were addressed as well the child’s psychological development and custody; however, it focused on younger children. It failed to address how teenagers or even older children are affected when parents are divorced or separated. When a relationship, it affects everyone involved regardless age and whether the individual wanted the relationship to end. As stated in the article the subject of religion or sexual orientation should not have any bearing on an individual’s ability to provide for a child. There is past case law to consider in a decision of child custody it should not become the main focal point for a decision. It appears the courts are more concerned with what is politically correct than the best interests of the child.
References
1. Willemsen, E. and Willemsen, M. (2000). The best interest of the child, Markkula Center for Applied Ethics.
Retrieved January 15, 2013 from http://www.scu.edu/ethics/publications/iie/v11n1/custody.html

2. Clarkson, L. (2011) Divorce rates falling, report finds, CNN. Retrieved January 22, 2013 from http://www.cnn.com/2011/LIVING/05/19/divorce.rates.drop/index.html