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Medical technology adds complex twist to some child custody cases

On Behalf of | Dec 9, 2016 | Child Custody

In Arizona, a court will consider the best interests of the child when determining how to establish a child custody plan. Those interests include a wide range of issues, including but not limited to the preferences of the parents and child, the health and stability of the parents, any instances of domestic violence that may have occurred in the family setting, the educational and medical needs of the child, the child’s relationship with extended family members and others. Parents whose kids are subject to child custody hearings may have to provide the courts with parenting plans to demonstrate how they will be able to continue to support their kids even after they divorce from their partners.

These custody cases can become incredibly complicated but there is a newer form of custody case that is creating even more confusion in American courts. Custody cases between individuals who have created embryos are becoming more common, as individuals who have planned to have children together separate or divorce before they are able to bring their children into the world.

Different state courts treat these cases in different ways. The decision of whether to award one of the individuals custody of the embryos can mean that the other individual may become a biological parent against his or her will. Whether the court should honor an agreement between the individuals regarding the disposition of the embryos in the event of a divorce may also create complications in resolving these novel legal matters.

Child custody cases are emotional and present serious considerations for parents, children and courts to work through. With the advancement of medical technology, individuals now need the legal system to help them work through how best to assign custody and ownership in embryos. As this topic is still evolving under the law, readers with questions about it are encouraged to contact legal representatives in their communities to learn more about how their jurisdictions may handle such cases.