Child Custody In The 1800's: An Analysis

Before the 1800’s, children were looked upon as only property. During this time, if a couple were divorced, the children would go directly to the father, because “women were not permitted to own property” (Costanzo & Kraus, 2012). This was practice in child custody was known as “the legal doctrine of Pater familias” (Costanzo & Kraus, 2012). However by the 1800’s thoughts on child custody had changed to what is known as “best interest of the child standard” or BICS (Costanzo & Kraus, 2012). BICS is pretty self-explanatory; its meaning is that the thoughts and feelings of a child or children caught in a divorce were taken into account over those of the adults involved in the case. The child (ren) was at that time placed within the best situation. Since not everyone was in agreement over what is for the best of a child or children caught in a divorce, once again things regarding child custody changed.

It states that “unless there were extenuating circumstances” the “children of a young age and all female children” were to be placed with their mothers (Costanzo & Kraus, 2012). So child custody went until the mid- 1900’s when the fathers started to push for “their rights” (Costanzo & Kraus, 2012). The tender years doctrine was finally terminated. The “primary caretaker rule” then went into effect. The primary caretaker rule used five (5) components to establish which parent in fact was the overall caretaker of the child (ren). Those components are as follows:

1. Which is the parent that purchases and launders the