Abstract

http://ssrn.com/abstract=1354776
 
 

Footnotes (221)



 


 



Paradigm Shifts and Pendulum Swings in Child Custody: The Interests of Children in the Balance


Linda D. Henry Elrod


Washburn University - School of Law

Milfred D. Dale


Milfred Dale, Ph.D.


Family Law Quarterly, Vol. 42, No. 3, 2008

Abstract:     
The last fifty years of child custody law reflect paradigm shifts and pendulum swings in the prevailing scientific and societal views of what is in the best interests of a child. The evolution of the law tracks changes, shifts, and sometimes divergent perceptions of the needs of children and families, particularly those involved in conflict. The trend has been away from broad judicial discretion to a more rules-based approach. For each change that has inspired hope for better, easier, or more efficient ways of resolving painful family conflicts and dilemmas, there have been frustrations and uneven results. Not every change has been progress. The article explores five decades of child custody law, starting with the changes in families and the problems caused by high conflict families. It also discusses the legal changes from presumptions to factor-based best-interests-of-the-child analysis, and outlines how the court systems have adapted to different mandates and tasks, as well as to the growing numbers of high-conflict cases. Lastly it sets out the increasingly complex role of mental health professionals in custody disputes.

Number of Pages in PDF File: 38

Keywords: family law, child custody, children, best interests of the child, divorce conflict, children's rights, Frye test, Daubert criteria

Accepted Paper Series





Download This Paper

Date posted: March 7, 2009  

Suggested Citation

Elrod, Linda D. Henry and Dale, Milfred D., Paradigm Shifts and Pendulum Swings in Child Custody: The Interests of Children in the Balance. Family Law Quarterly, Vol. 42, No. 3, 2008. Available at SSRN: http://ssrn.com/abstract=1354776

Contact Information

Linda D. Henry Elrod (Contact Author)
Washburn University - School of Law ( email )
1700 College Avenue
Topeka, KS 66621
United States
(785) 231-1010 x1838 (Phone)
(785) 231-1037 (Fax)
Milfred D. Dale
Milfred Dale, Ph.D. ( email )
2201 SW 29th Street
Topeka, KS 66611
United States
785-267-0025 (Phone)
785-266-6546 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 1,362
Downloads: 267
Download Rank: 67,053
Footnotes:  221

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.313 seconds