Before the Best Interests of the Child

Abstract

The authors address issue of when and why should children's relationship to their parents become a matter of state concern. In their earlier book, Beyond Best Interests of Child, authors strongly advocated keeping child's interests and developmental needs foremost in arriving at custody decisions. They were concerned with process of decision making once state intervened in matters of child custody. This volune asks question: Under what circumstances should state be authorized to invade family privacy and overcome presumption of parental autonomy? The authors adhere to a policy of minimum intervention and support need for family autonomy in child rearing. In light of growing children's rights movement, their message is both timely and sobering. They remind us that intervention by state is no guarantee of a better alternative; that law lacks capacity to supervise the fragile, complex, interpersonal bonds between parents and child; and that we must hold our rescue fantasies in check. The mere process of intervention by state undermines child's trust in his or her parents, and those empowered by state to recommend or make decisions concerning child's welfare and custody do not necessarily have training to make such grave decisions. The authors propose following guidelines for intervention by state in child custody matters: I. Request by a separating parent for court to determine custody. 2. Request by either or both parents for court to terminate their rights of custody of a child. 3. Request by a child's longtime caretakers to become his or her parents or refusal by longtime caretakers to relinquish child to his or her parents or to a state agency. 4. The death or disappearance of both parents, only parent, or custodial parent, when coupled with their failure to make provisions for child's custody and care.