Approximation Rule

The approximation rule in reference to divorce law is an idea adhered to by most family law courts that attempts to prevent any significant change in the parental roles in a child's life prior to the divorce. Granted, this entirely impossible to do entirely, but judges attempt to approximately maintain the same level of parental involvement in a child's life. Of course, all of these arrangements are done in the best interest of the child, which may potentially include avoiding contact with one or more parents. Each case is different, and family courts attempt to compensate for this by attempting to impose only minimal interruption into the lives of children first and foremost when deciding divorce cases.

Fast Facts

  • Under the approximation rule, the courts rigorously attempt to provide residence of the marital home to the children as often as possible.
  • The approximation rule is simply an extension of the theory that parental disputes should be mostly resolve in the best interests of the children.

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