Copyright (c) 2004 Loyola University New Orleans School of Law
Loyola Journal of Public Interest Law
ARTICLE: THE "FRIENDLY PARENT" CONCEPT: A FLAWED FACTOR FOR CHILD CUSTODY
Fall, 2004
6 Loy. J. Pub. Int. L. 41
Author
Margaret K. Dore *
Excerpt
I. INTRODUCTION
The so-called "friendly parent" concept presents what seems to be a reasonable idea for the resolution of child custody disputes. 1 Children are thought to do better when allowed or encouraged to maintain a close relationship with both parents. 2 Therefore, custody should be awarded to the parent most likely to foster the child's relationship with the other parent, i.e., the "friendly parent." 3
The friendly parent concept is sometimes referred to as the friendly parent doctrine. 4 It is codified in child custody statutes requiring a court to consider as a factor for custody, which parent is more likely to allow "frequent and continuing contact" with the child and the other parent, or which parent is more likely to promote the child's contact or relationship with the other parent. 5
For example, Florida's child custody statute requires courts to consider two friendly parent provisions: which parent is "more likely to allow the child frequent and continuing contact with the nonresidential parent;" and "the willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent." 6
As another example, Virginia's child custody statute also requires courts to consider two friendly parent provisions: "the propensity of each parent to actively support the child's contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child;" and "the relative willingness ...
The so-called "friendly parent" concept presents what seems to be a reasonable idea for the resolution of child custody disputes. 1 Children are thought to do better when allowed or encouraged to maintain a close relationship with both parents. 2 Therefore, custody should be awarded to the parent most likely to foster the child's relationship with the other parent, i.e., the "friendly parent." 3
The friendly parent concept is sometimes referred to as the friendly parent doctrine. 4 It is codified in child custody statutes requiring a court to consider as a factor for custody, which parent is more likely to allow "frequent and continuing contact" with the child and the other parent, or which parent is more likely to promote the child's contact or relationship with the other parent. 5
For example, Florida's child custody statute requires courts to consider two friendly parent provisions: which parent is "more likely to allow the child frequent and continuing contact with the nonresidential parent;" and "the willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent." 6
As another example, Virginia's child custody statute also requires courts to consider two friendly parent provisions: "the propensity of each parent to actively support the child's contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child;" and "the relative willingness ...
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