Horton Looks at the ALI Principals
Barbara Bennett Woodhouse
Emory University School of Law; University of Florida - Fredric G. Levin College of Law
University of Utah Journal of Law and Family Studies, Vol. 4, 2002
This essay investigates the use of ALI Prinicpals in child custody issues arising between not only biological parents but also "third-parties" who have been situated in loco parentis. Generism is a term coined by the author to describe the method that explores legal issues through a child-centered lens. This essay uses generism to probe the outcome on child custody when ALI principals are used and exposes the shortcomings of those principals, which adopt an adult-centric view when defining parenthood and thus fail to adequately recognize the importance to children of a de facto parenting relationship.
Date posted: October 25, 2002
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