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50-539: Frank Paul De Felitta (August 3, 1921 – March 29, 2016) was an author, producer, pilot and film director. He was most well known for his novels Audrey Rose and The Entity. Frank De Felitta was born in The Bronx , New York City, New York on August 3, 1921. He served as a pilot in World War II and in 1945 returned to New York, where he began to write scripts. His first effort, for the weekly radio program The Whistler,

100-500: A parenting plan . The different forms of physical custody include: Joint physical custody , or shared parenting , means that the child lives with both parents for equal or approximately equal amounts of time. In joint custody, both parents are custodial parents and neither parent is a non-custodial parent. With joint physical custody, terms such as "primary custodial parent" and "primary residence" have no legal meaning other than for determining tax status. The term " visitation "

150-469: A Professor of Law at Harvard Law School, claimed that the best interest rule is indeterminate. It is considered to be a broad and vague set of guidelines that only leads to increased conflict amongst the parents instead of promoting cooperation that would actually lead to the best interest of the child being met. Some of these problems specifically include: In order to better analyze the "best interest" of children, several experiments were conducted to observe

200-437: A capacity or willingness to render a quality of care different from that which the father can provide", a New York court stated in 1973. It was at this time that the basis of the "best interest rule" was changed to address many aspects of the child's care in order to promote gender neutrality in decisions regarding custody. These aspects include the child's mental, emotional, physical, religious, and social needs. All children have

250-837: A fiery car crash. To heal his mental anguish, he visited a clairvoyant who revealed that his daughter had been immediately reincarnated as another young girl born at the moment of Audrey Rose's death. Because of this immediate reincarnation, Audrey Rose's soul was not allowed the necessary time to reflect in the spirit world, causing her to be trapped forever at the moment of her horrific death. In an effort to rescue his daughter's soul, Hoover began to research births that coincided with his daughter's death, gradually determining that his daughter's soul now resides in Ivy Templeton. The Templetons refuse to believe Hoover and order him to stay away from their daughter. However, Ivy's night terrors grow steadily worse. The Templetons are astonished when Hoover

300-590: A hundred years. The only exception to maternal presumption was if the mother was considered to be "unfit." Most often, this occurred when women had committed adultery or left their husband. By the early twentieth century, divorce cases became more common, and custody disputed simultaneously became an issue that affected many families. With the changing attitudes of the Roaring 20's, a woman's sexual conduct no longer prevented her from receiving custody for her children. The double standard on sexual conduct of fathers and mothers

350-555: A nation. If a plaintiff files a legal jurisdiction that the plaintiff believes to have more favorable laws than other possible jurisdictions, that plaintiff may be accused of forum shopping. The Hague Convention seeks to avoid this, also in the United States of America , the Uniform Child Custody Jurisdiction and Enforcement Act was adopted by all 50 states, family law courts were forced to defer jurisdiction to

400-534: A parent having "custody" of or "access" to a child, a child is now said to "reside" or have "contact" with a parent. Legal custody involves the division of rights between the parents to make important life decisions relating to their minor children. Such decisions may include choice of a child's school, physician, medical treatments, orthodontic treatment, counseling, psychotherapy and religion . Legal custody may be joint, in which case both parents share decision-making rights, or sole, in which case one parent has

450-470: A popular thriller series, earned him $ 350 and started him on his writing career. He continued to write radio scripts before turning to television, where he was successful as a writer, producer, and director, winning Emmy nominations in 1963 and 1968 for his documentaries as well as a Peabody Award and several Writers Guild nominations. By the early 1970s he was working on film scripts, including two he wrote with Max Ehrlich , The Edict (1971) and The Savage

500-439: A result, there has been a push to allow for joint custody of children in the most recent years, which strives to best meet the interests of the children and most evidently favors a gender neutral stance on the custody issue. However, the decision is highly situational, for joint custody can only be achieved in the absence of certain exceptions. For example, history of domestic violence found from either parent can most certainly trump

550-487: A strange man begins fixating on their eleven-year-old daughter Ivy. This stalking seems to coincide with Ivy's horrible night terrors in which she beats at the windows and screams. One night while Ivy is in the middle of one of these episodes, the stranger contacts them directly and introduces himself as Elliot Hoover. Hoover explains to the Templetons that he lost his wife and their three-year-old daughter, Audrey Rose, in

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600-404: A successful 1977 film adaptation (scripted by De Felitta) and a sequel, For Love of Audrey Rose (1982). His novel The Entity (1978), based on the real-life case of a woman named Doris Bither who claimed to have been haunted by a spectral rapist, was also a bestseller and was adapted by De Felitta for a 1982 film starring Barbara Hershey . Other successes include Golgotha Falls (1984) and

650-481: A week to child care while men allocate about 7 hours a week. Additionally, according to the Current Population Survey, in 2013, custodial mothers were more likely to have child support agreements (52.3 percent) comparative to custodial fathers (31.4 percent). Women's and father's rights activists often become involved in matters of child custody since the issue of equal parenting is controversial, most of

700-472: Is Loose (1974). The Edict was filmed as Z.P.G. (1972), and both it and The Savage is Loose were published as novels by Max Ehrlich. De Felitta's first novel, Oktoberfest (1973), a thriller, though not a bestseller nonetheless earned him enough to finance the year and a half he devoted to his next novel, Audrey Rose (1975). This novel, a horror story involving reincarnation, was a smash bestseller, selling more than 2.5 million copies and spawning

750-624: Is a legal term regarding guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of legal custody , which is the right to make decisions about the child, and physical custody , which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce , annulment , separation , adoption or parental death. In most jurisdictions child custody

800-431: Is able to calm Ivy by calling her Audrey Rose. Hoover continues to intrude in the family's lives, going so far as to kidnap Ivy in an attempt to heal his daughter's tormented soul. Although Hoover soon returns Ivy voluntarily, Bill has Hoover arrested for kidnapping . While Hoover is in jail, Ivy nearly dies after walking into a bonfire , seemingly while in a trance. Bill suspects Hoover of brainwashing his daughter during

850-401: Is brought forth to hypnotize Ivy before the jury. Ivy is taken into her past life by the hypnotist, where she suddenly begins reenacting Audrey Rose's violent death. While reliving Audrey Rose's last moments, Ivy dies of what is determined to be smoke inhalation , even though no smoke or fire is present. Devastated, the Templetons finally acknowledge that Hoover was telling the truth and have

900-603: Is determined in accordance with the best interests of the child standard. Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as parental responsibility , " residence " and " contact " (also known as "visitation", "conservatorship" or "parenting time" in the United States ) have superseded the concepts of "custody" and "access" in some member nations. Instead of

950-427: Is not used in joint physical custody cases, but only for sole custody orders. In joint physical custody, the actual lodging and care of the child is shared according to a court-ordered custody schedule , also known as a parenting plan or parenting schedule . Sole physical custody means that a child resides with only one parent, while the other parent may have visitation rights with their child. The former parent

1000-472: Is the custodial parent while the latter is the non-custodial parent . Comparing 36 western countries in 2005/06, Thoroddur Bjarnason studied the proportion of 11-15-year-old children living in different child custody arrangements. The percent of children living in intact families with both their mother and father were highest in Macedonia (93%), Turkey (89%), Croatia (89%) and Italy (89%), while it

1050-483: Is the principal law that governs child custody. Under that statute and case law, the governing principle in child custody determinations, whether to a parent or third party, is the welfare of the minor. Looking at the history of child custody demonstrates how the views of children and the relationship between husbands and wives have changed over time. The view of children has changed from economic assets to individuals with their own interests. Fathers were also once seen as

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1100-521: Is usually decided based on the welfare principle, considering the best interests of the child. Parsi Law : Child custody for Parsis is governed by the Parsi Marriage and Divorce Act, 1936, where the court considers the welfare of the child as the main criterion. Secular Law : The Guardians and Wards Act, 1890, is applicable to all communities and provides provisions for the appointment of guardians for minors and custody issues. In custody matters,

1150-511: The charges against him dismissed. Some years later, Janice writes a letter to Hoover to thank him for transporting Ivy's ashes to India. While Bill is still in denial, Janice has come to accept that Hoover was correct all along. She believes that both Ivy and Audrey Rose are now at peace and takes comfort in the thought that Ivy will one day be reborn. She closes with a quotation from the Bhagavad-Gita . Child custody Child custody

1200-541: The child custody disputes. Jurisdiction normally arises from the presence of the children as legal residents of the nation or state where a custody case is filed. However, some nations may recognize jurisdiction based upon a child's citizenship even though the child resides in another country, or may allow a court to take jurisdiction over a child custody case either on a temporary or permanent basis based upon other factors. Forum shopping may occur both between nations and, where laws and practices differ between areas, within

1250-453: The child's best interest in mind. In case of children 12 years and older, the child's preference becomes key to the court ruling. Court may also refer parents to mediation, try "test modes" of various custody arrangements or request psychological and psychiatrical evaluation of children and parents. In exigent circumstances, a parent can file for preliminary injunction for custody or child support payments. The court must decide on whether to grant

1300-503: The court makes orders about parental responsibilities, and have the power to approve and make consent orders. In the Czech Republic , both parents are entrusted with child's custody until a court decides otherwise. A divorce is possible only after a court decision on custody was rendered. A decision should be made within six months, however when parents fail to reach agreement the cases typically take much longer. The court decides with

1350-504: The courts in India focus on the best interests and welfare of the child. They consider factors such as the child's age, education, health, and emotional well-being while deciding custody. It is common for courts to grant joint custody or visitation rights to the non-custodial parent to ensure both parents maintain an active role in the child's life. In Pakistan, the Guardians and Wards Act, of 1890

1400-447: The head of the household compared to today, when fathers and mothers have more equal standing in the care of their children. During this time period, custodial issues arose with occasions other than divorce such as the death of the father or both parents, inability of parents to care for the children, or with situations involving illegitimate children. Children at the time were seen as economic assets with labor value. In addition to this,

1450-408: The home state. In the context of cases regarding custody, the "best interest" rule suggests that all legal decisions made to accommodate the child are made with the goal of ensuring a child's happiness, security and overall well being. There are many different factors that go into the decision that is made in a child's best interest, which include: the child's health, environment and social interests,

1500-457: The horror film Dark Night of the Scarecrow (1981), directed by De Felitta. He also directed the 1991 film Scissors , starring Sharon Stone and distributed by Paramount Pictures. Frank De Felitta died on March 30, 2016, of natural causes. Audrey Rose (novel) It was adapted into the 1977 film of the same name . Bill and Janice Templeton's peaceful lives are cast into chaos when

1550-423: The importance of parent-child attachment, combating parental alienation, and access enforcement". Courts cannot determine an individual child's best interests with certainty, and judges are "forced to rely on their own interpretations of children’s interests, and idiosyncratic biases and subjective value-based judgments, including gender bias". Judges are currently using the ‘best interest of the child’ standard that

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1600-518: The injunction within seven days. In India , child custody laws primarily fall under personal laws specific to different religions and the secular Guardians and Wards Act, 1890. Here is an overview: Hindu Law : For Hindus, the Hindu Marriage Act, 1955 and the Hindu Minority and Guardianship Act, 1956, govern child custody. The custody of a child under the age of five is usually granted to

1650-517: The kidnapping, but Janice starts to believe that Ivy truly is the reincarnation of Audrey Rose. Bill dismisses his wife's beliefs, causing strain on their relationship. During the kidnapping trial, Hoover continues to insist that his daughter's soul resides in Ivy. The newspapers begin to spin the trial as a supernatural child custody battle, and the resulting media circus disrupts Bill and Janice's lives, further threatening their marriage. A psychotherapist

1700-424: The matter by the court." In the late twentieth and early twenty-first centuries, divorce rates increased dramatically. Due to the nature of divorce, the rules governing child custody became increasingly difficult to determine. It was at this time that the idea of mothers being favored to gain custody of children in the event of a divorce was challenged. "The simple fact of being a mother does not, by itself, indicate

1750-454: The mother, and for children above five, the court considers the child's welfare as the paramount factor. Muslim Law : For Muslims, custody is governed by the personal laws of the parties involved. Generally, the mother gets custody of children until a certain age (Hizanat), after which the father gets custody. Christian Law : For Christians, the Divorce Act, 1869, govern child custody. It

1800-404: The nineteenth century. Children were seen to have interests of their own that were often associated with the care of a nurturing mother. The women's movement of the time also fought for women's right to child custody in their campaign. Judges eventually began to favor the "best interests of the child," which, especially for young and female children, was associated with mothers. Maternal presumption

1850-546: The only other important consideration in determining custody was the ability of the adults to supervise and raise the child. Widows would lose their children because they would not be able to support them. These children would be taken from the mother and given to another family that would support the child in return for the child's labor services. Otherwise, fathers were seen as the head of the household and had complete custody rights to children. The view of children as servants to their fathers and economic assets began to change in

1900-462: The opinions of children themselves. Children of divorce were found to want equal time with both of their parents. Studies conducted by Wallerstein, Lewis and Blakeslee (2002) show that children from all age ranges indicate that equal or shared parenting is of their best interest 93 percent of the time. Several other studies were able to produce similar results, including Smart (2002), Fabricus and Hall (2003), Parkinson, and Cashmore and Single (2003). As

1950-507: The possibility of joint custody for a child. In an economic analysis, Imran Rasul has concluded that if one parent values child quality more than the other, the spouses prefer that parent to have sole custody, while joint custody is optimal for parents with relatively equal valuation of child quality. He has further concluded that "joint custody is more likely to be optimal when divorce costs fall, so that children retain contact with both parents" and that "this may improve child welfare". As

2000-402: The relationship each parent has with the child, and the ability of each parent to address the needs of the child. The "best interest" rule has been considered to be a standard in determining child custody for the most recent 40 years in history. Although it has been so widely favored amongst legal systems, there are some deficiencies to the concept. Robert Mnookin, an American lawyer, author, and

2050-429: The right to services that prevent them from physical or psychological harm. This means that when assessing the best interest of the child, it is not only important to assess the parents who are fighting for custody, but also the environments in which the child would be placed under the custody of either parent. In a situation where neither parent would be deemed an appropriate caretaker for a child, custody would be given to

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2100-457: The rights to make key decisions without regard to the wishes of the other parent. Physical custody establishes where a child lives and who decides day-to-day issues regarding the child. If a parent has physical custody of a child, that parent's home will normally be the child's legal residence ( domicile ). The times during which parents provide lodging and care for the child is defined by a court-ordered custody parenting schedule , also known as

2150-481: The roles of children have changed over the past couple of centuries from economic assets to individuals, so has the role of mothers and fathers in who would provide the best care for the child. Many courts and judges lean more towards the maternal figure when there is a trial for custody of a child. According to Family Change and Time Allocation in American Families study done at UCLA, women allocate about 13.9 hours

2200-407: The time combining the interests of the child with those of the mothers or fathers. Women's rights activists are concerned about "family violence, recognizing primary caregiving, and inequities associated with awarding legal joint custody without a corresponding responsibility for child care involvement". Father's rights activists are more concerned about their "disenfranchisement from children’s lives,

2250-558: The two parents. In the case of divorce or separation of parents many hurdles can fall in the way regarding the custody of their children, deciding who will be the custodial parent and so forth. In Australia when parents cannot come to an agreement which meets both of their needs when it comes to the custody of their child/ren cases are taken to the Family Court of Australia , which happens in more scenarios than expected. When parents cannot agree on these arrangements and take matters to court,

2300-469: Was judicially developed through legislature such as the "Tender Years Doctrine" that presumed that children should be placed with their mothers in custody debates. Granting custody to the father was seen "to hold nature in contempt, and snatch helpless, puling infancy from the bosom of an affectionate mother, and place it in the coarse hands of the father" when the mother was "the softest and safest nurse of infancy". This maternal presumption continued for over

2350-790: Was lowest in Ukraine , Poland , Croatia, Turkey, the Netherlands and Romania. It was 5% in Ireland and the United States and 7% in Canada and the United Kingdom. Shared parenting is increasing in popularity, and by 2016/17, the percentage in Sweden had increased to 34% among the 6-12 year old age group and 23% among 13 to 18-year-old children. A child custody case must be filed in a court that has jurisdiction over

2400-657: Was lowest in the United States (60%), Romania (60%), Estonia (66%) and Latvia (67%). In the other anglophone countries, it was 70% in the United Kingdom , 71% in Canada and 82% in Ireland. Among the children who did not live with both their parents, the percent in a shared parenting versus sole custody arrangement was highest in Sweden (17%), Iceland (11%), Belgium (11%), Denmark (10%), Italy (9%) and Norway (9%). At 2% or less, it

2450-582: Was made to consider the interests of the child before the mothers and fathers, including the child's mental, emotional, physical, religious, and social needs. Child poverty , lack of resources, and women's economic dependence on men all remain pressing issues that are not effectively noted during the custody trials. Each parent has a responsibility under the Australian Family Law Act 1975 for their children. The parental responsibility does not change in cases of separation or dysfunction between

2500-452: Was removed. The new rule according to Keezer on the Law of Marriage and Divorce stated that "Where the children are of tender years, other things being equal, the mother is preferred as their custodian, and this more especially in the case of female children, and this though she may have been guilty of delinquencies in the past but there is no evidence that she was delinquent at the time of determining

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