Journal Issue: Children and Divorce Volume 4 Number 1 Spring/Summer 1994
The Most Appropriate Standard
The most appropriate statutory standard for making decisions in custody disputes is the best interests of the child. Given the increasingly larger diversity of family styles, values, and traditions in our culture, decisions about children and parent-child relationships after divorce should be case-by-case decisions. The best interests standard can be more thoughtfully applied when states adopt criteria that delineate important factors to be considered, and decisions will achieve more uniformity with appropriate judicial education. Finally, if educational and mediation programs are available in all jurisdictions, parents will be encouraged to focus on their children's needs, and the majority will settle the issues of access and custody without reliance upon adversarial processes.
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Contents
- Summary
- Introduction
- Custody Decision Making in Historical Context
- Type and Incidence of Custody Arrangements
- How Are Custody Arrangements Decided?
- Influences on Decision Making
- Factors Considered in Custody Determinations
- Access as a Primary Factor in Custody Determinations
- Specificity and Modifiability of Custody and Access Orders
- Policy Recommendations in Custody Determinations
- Judicial Education
- The Most Appropriate Standard
- Conclusions
- Endnotes
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Figures & Tables
- Table 1
