Comparative Analysis of Child Custody Laws Across Jurisdictions

Abstract

This paper provides a comparative analysis of child custody laws across various jurisdictions, focusing on the fundamental principle of the "best interests of the child." It explores how different legal frameworks, specifically in California, Germany, Nigeria, Sweden, and Australia, interpret and implement custody laws, reflecting cultural, social, and political contexts. The study emphasizes the importance of understanding discrepancies in custody laws, which can significantly impact children's welfare during custody disputes. Utilizing a mixed-methods approach, the research examines statutory regulations, case law, and the perspectives of custody professionals to evaluate the efficacy of existing laws. It identifies key components of custody arrangements, such as physical and legal custody, and highlights the challenges faced by families navigating these systems. Moreover, the paper discusses the role of shared parenting laws and their implications for both children's rights and parental responsibilities. By analyzing these diverse legal landscapes, the study aims to contribute to the discourse on improving child custody laws and fostering better outcomes for children and families involved in custody disputes. Ultimately, it advocates for harmonizing legal standards to ensure that the best interests of the child remain at the forefront of custody decisions.

Keywords: Child custody, Best interests of the child, Comparative analysis, Family law, Jurisdictions, Legal frameworks, Shared parenting, Custody arrangements, Child welfare, International law.