The well being of the child is paramount in most court cases.
Whenever possible, courts encourage the reunification of families under the assumption that each parent has the right to a close and bonding relationship with their child. When it can be determined, however, that reunification is not in the best interest of the child, the court must weigh what is best in regard to the rights of parents with the welfare and safety of the child.
The Right to Parent
A primary argument on behalf of parents in regard to the benefits of family reunification is a parent's fundamental right to parent their child. If it can be shown that parents who have had issues with anger control or drug or alcohol abuse have attended court mandated treatment programs and completed the necessary steps to regain custody of their child, reunification is strongly encouraged by the courts in as a means of protecting the parent child relationship.
Reunification of Siblings
Another benefit of family reunification is the reuniting of siblings that may have been separated while placed in foster care. The Adoption Assistance and Child Welfare Act of 1980 required states to make increased efforts to reunite families due to findings that children benefit most when raised by their natural parents and among their siblings. As a result, the court is mandated to comply with these regulations unless there is clear and convincing evidence that reunification would be against a child's best interests.
Flight Risks
A common concern in regard to family reunification efforts is the risk of flight by the parent from supervision of the court. This argument is particularly relevant if there has been an established pattern of abuse on behalf of the parent. Child welfare advocates often argue that children who are returned to abusive or neglectful parents often run the risk of disappearing from the observance of social service agencies and court-appointed case workers as a result of flight or relocation by the parent.
Child's Best Interest
The biggest argument by child welfare advocates against reunification relates to the best interest of the child. When a child has been removed from a parent's care as a result of abuse or neglect, there is almost always a risk of future abuse. This is particularly common in cases of sexual abuse, when the child has been returned to the custody of the abusing parent. In cases where there is any doubt, the child's best interests must override the rights and interests of the parent.
