Longing for the wisdom of King Solomon : Custody and the best interests of the child concept

Abstract

The best interests of the child test has been applied by courts in Zimbabwe and elsewhere to determine which parent should have custody of a child. Some states in the USA have come up with laws that can be used to make such a determination. In Zimbabwe the courts have provided guidance on the concept of best interests. The major c hallenge lies in the judicial discretion in determining what the best interests of a child really means. Alternative tests, namely the primary caretaker presumption and joint custody have been used and proposed as alternatives to the best interests test. D espite its short comings, the best interests of the minor child test still remains the best test in resolving custody disputes.