Loading...
Awarding Custody: The Best Interests of the Child and Other Fictions
Charlow, Andrea
Charlow, Andrea
Citations
Altmetric
Abstract
The "best interests of the child" is the standard for awarding child custody in the United States, a standard that presumably places paramount importance on the child's physical and psychological well-being. While in theory this standard appears enlightened, in practice custody decisions focus on parents rather than children and are marred by personal and cultural bias. Predictions are made without a scientific foundation and, frequently, in contravention of research findings and constitutional equal protection requirements. Because the "best interests of the child" standard is more a vague platitude than a legal or scientific standard, it is subject to abuse both by judges who administer it and parents who use it to further their own interests.