Child custodial issues have become very important today because of the high rate of divorce. In most cases, whether in Little Rock, Arkansas, or elsewhere, custody is given to either one of the biological parents or to a relative. However, in cases where the minor child does not have a biological relative fit to look out for their best interests, the child is then placed in the foster care system wherein a non-family member takes in the child to their home in order to care for them.
In a recent case which has garnered national sympathy, a child who was under the foster care of a couple for eight years was sent back to her biological father. The court had previously terminated the parental rights of the biological father. However, after an appeal the court was compelled to overturn the previous decision on technical grounds. While the biological father has now gained physical custody of the minor girl, the state still retains legal child custody.
Generally, courts believe that the best interest of the child is to stay with the biological family. However, the foster care system is used as the last resort when all else fails. In the foster care system, a child is given to a non-related adult who often receives money from the state for the service rendered. Children in foster care are often moved from one house to the other which is different from adoption where the child finds another permanent home.
It is only in rare cases where the child’s parent is deemed unfit and the child is given to third parties. Custodial battles can become convoluted, as the best interest of the child can be a subjective and relative matter. Being engulfed in emotional battles, the parties themselves might need to seek legal help in order to find the best possible solutions in such cases.
Source: DailyJournal.net, “Foster parents seek to adopt girl they raised for 8 years who was returned to birth father”, Travis Loller, June 18, 2014
