| Article | Paradigm Shifts and Pendulum Swings in Child Custody: The Interests of Children in the Balance |
|---|---|
| Authors | Elrod L. D., Dale M. D. |
| Name of magazine | Scientific-practical professional journal «Law of the USA» (Ukrainian language) |
| Issue | 1-2 / 2012 |
| Pages | 205 - 218 |
| Annotation | This article explores five decades of child custody law which reflect paradigm shifts and pendulum swings in the views of what placement is in the “best interests” of a child when parents divorce or separate. The article shows the evolution of the law from the child as the property of the father through the maternal preference in the tender years doctrine to the currently used best interest standard. The article concludes that only if judges do a thorough case by case analysis of child-focused factors will a placement be in the child’s best interest. |
| Keywords | best interest of the child, child custody, divorce, agreements of parties, joint custody. |
| References | |
| Electronic version | Download |