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The basic presumption is founded on the belief that mothers are more appropriate caregivers than fathers, young children during tender years. Curing divorce, teenage children are usually allowed to testify regarding their preference choosing a custodial parent. In the event of parental dispute, the court resolves all issues in accordance with state laws.

Regarding Legal Requirements: A wide assortment of sources contribute to the body of "family law." State and federal requirements must be satisfied, yet all cases maters must be filed in state courts. The most important sources of family law regulation are: 1) Constitutions, 2) Family Law Codes, 3) State General Civil  Statutes, 4) Trial Court Decisions, 5) Appellate Cases, 6) Supreme Court Cases, 7) Evidentiary and Procedural Rules, 8)  Departmental Regulations and Policy, and 9) Local Rules of Court. All laws, rules, and policies are subject to change.

Today, the definition of marriage itself is subject to dispute. An amendment to the U.S. Constitution is likely. Any change will affect all divorce law and child support requirements. The proposed amendment also ignited hot debate in the House and Senate. The dispute is not the wording of the amendment -- most people easily conceding few, if any citizens will change behavior because of redefinition. Criticism runs much deeper. First, the amendment grabs power from state legislatures, state courts, and federal courts in a naked attempt to undermine separation of powers guaranteed by the U.S. Constitution, and concentrates power in the Executive Branch. Secondly, the motive for dedicating Congressional resources on redefinition is highly suspect during a period when global terrorism, war in Iraq, and war in Afghanistan are represented as ultimate threats to our nation. While the marriage controversy steals headlines as the election nears, a bipartisan coalition of state Attorney Generals filed suits against the U.S. Government for refusing to honor federal guarantees of payment for mandatory security measures provided by states.

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