ABSTRACT
Over the years, the United States has moved away from the trend of the “tender-years” doctrine or parental preference to the “best-interests-of-thechild” presumption. The tender-years doctrine focused on the parents’ rights, while the current focus is upon the child’s individual needs. Political/social trends and research on child development have provoked much debate with regard to the best interests of the child. The modern view of best interests refers to an individualized plan that best suits a particular child, rather than favoring a one-size-fits-all approach. This movement was predicated on the ideology that custody determination should consider many factors, such as the child’s current developmental needs, the parents’ ability to provide for these needs, and the current life circumstances of the family.
