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(A Critique Of) Arguments Against a Presumption of Shared Physical Custody in Family Law

(A Critique Of) Arguments Against a Presumption of Shared Physical Custody in Family Law
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1.22 MB
03 April 2018


The introduction of the “best interests of the child” standard asa legal presumption in family law in the 1970s signaled animportant transition away from a maternal preference standardin child custody disputes, toward a recognition of the centralityand importance of both parents in the lives of children afterparental separation. Paradoxically, this reform resulted in anincrease rather than decrease in court-determined maternalsole custody. Despite robust empirical evidence in support ofshared parenting, a gender convergence in child care roles,and increasing public support for shared parenting, the idea ofshared parenting as a legal presumption has been met withskepticism and resistance among some legal and mentalhealth professionals. This article traces the evolution of argumentsagainst shared parenting since the concept was firstintroduced, from the early 1970s until the present day.

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