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Definition
Approximation Rule
- a concept developed by the ALI to help decide child custody cases by maintaining approximately the same parenting routines after the divorce as before.
Application in Divorce
In
child custody
arrangements, courts consider the "best
interest
of the child," and in divorce actions this generally means minimizing the disruption of the child’s life and routines. Along this line of reasoning, courts attempt to keep the child in the
marital home
, if possible.
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Remember the Children
Children are not "little adults"; each is an individual, and each child handles the pain, suffering and dislocation of a divorce in his or her own way. The age of a child at the onset of a divorce and his or her psychological development must be considered to minimize the damage of a divorce.
Contributed on 4/18/2007 by: DivorceDex.com Staff
Category:
Parenting
(Applicable in All States)
Judges Will Not Make Many Changes
If the court must decide on custody issues, it will attempt to maintain a lifestyle and living environment that is as close to what existed prior to the divorce as possible, for example, ordering the children remain in the marital home and attend the same school. There are many factors that weigh on any custody decision, but these factors need to be significant enough to influence a drastic ruling.
Contributed on 4/18/2007 by: DivorceDex.com Staff
Category:
Child Custody
(Applicable in All States)
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FastFacts
#694:
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