Can joint custody serve the best interests of the child?
نویسنده
چکیده
منابع مشابه
An Off-label Use of Parental Rights? the Unanticipated Doctrinal Antidote for Professor Mnookin’s Diagnosis
In his seminal article, Child Custody Adjudication: Judicial Functions in the Face of Indeterminacy, Robert Mnookin noted the trend in custody law away from deference to “natural parents” (a term of the times) and toward an increased focus upon children’s best interests, implemented through individualized adjudications of those interests. He devoted much of the article to arguing that the best-...
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The purpose of this essay is to critically assess feminist lawyer Carol Smart’s analysis of and suggestions on issues about legal regulations and practices of child custody. She thinks the privileged status of mothers in modern family law system will be threatening by new voices and images from fathers and by the increasing interventions from professional. The discourse of ‘the best interests o...
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The best-interests-of-the-child standard has been the prevailing legal rule for resolving child-custody disputes between parents for nearly forty years. Almost from the beginning, it has been the target of academic criticism. As Robert Mnookin famously argued in a 1976 article, “best interests” are vastly indeterminate— more a statement of an aspiration than a legal rule to guide custody decisi...
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عنوان ژورنال:
- The Bulletin of the American Academy of Psychiatry and the Law
دوره 9 3 شماره
صفحات -
تاریخ انتشار 1981