This article will examine how a judge\u27s ethical framework can influence the outcome of a custody award, even where the same child-centered standard is ostensibly being used. This article uses three cases from the Supreme Court of Nebraska to demonstrate that the best interests of the child standard can be used: 1) to award a parent custody because parents have near absolute rights (an example of rule deontology); 2) to deny a parent custody because the par ent is unfit (an example of rule utilitarianism); or 3) to deny a parent custody because the child\u27s life needs stability (an example of act utilitarianism)
This article expands upon Professor Mercer\u27s previous discussion of the efficacy of the primary c...
Since the 1960s, our nation's courts have almost universally relied on a legal standard known as the...
A child's best interest is a subject that affects many people, not least in custody battles. The Uni...
This article will examine how a judge\u27s ethical framework can influence the outcome of a custody ...
The best interests of the child is the standard for awarding child custody in the United States, a...
The best interests of the child is the standard for awarding child custody in the United States, a...
The most famous article on child-custody law, and one of the most important in family law scholarshi...
Historically, parents have not been able to determine custody of their children prior to marriage in...
The best interests of the child doctrine is at once the most heralded, derided and relied upon stand...
One barrier facing any attempt to devise a uniform law for diverse jurisdictions is the occasional -...
This Article proposes that modern child custody law should be reassessed in light of recent scientif...
Historically, courts usually paid little attention to the child\u27s wishes in deciding which parent...
Historically, courts usually paid little attention to the child\u27s wishes in deciding which parent...
A few states, mostly in the West and South, still retain a preference in custody disputes for placin...
The vital questions in child custody disputes all concern that which is in the best interest of the ...
This article expands upon Professor Mercer\u27s previous discussion of the efficacy of the primary c...
Since the 1960s, our nation's courts have almost universally relied on a legal standard known as the...
A child's best interest is a subject that affects many people, not least in custody battles. The Uni...
This article will examine how a judge\u27s ethical framework can influence the outcome of a custody ...
The best interests of the child is the standard for awarding child custody in the United States, a...
The best interests of the child is the standard for awarding child custody in the United States, a...
The most famous article on child-custody law, and one of the most important in family law scholarshi...
Historically, parents have not been able to determine custody of their children prior to marriage in...
The best interests of the child doctrine is at once the most heralded, derided and relied upon stand...
One barrier facing any attempt to devise a uniform law for diverse jurisdictions is the occasional -...
This Article proposes that modern child custody law should be reassessed in light of recent scientif...
Historically, courts usually paid little attention to the child\u27s wishes in deciding which parent...
Historically, courts usually paid little attention to the child\u27s wishes in deciding which parent...
A few states, mostly in the West and South, still retain a preference in custody disputes for placin...
The vital questions in child custody disputes all concern that which is in the best interest of the ...
This article expands upon Professor Mercer\u27s previous discussion of the efficacy of the primary c...
Since the 1960s, our nation's courts have almost universally relied on a legal standard known as the...
A child's best interest is a subject that affects many people, not least in custody battles. The Uni...