Substantive Parenting Arrangements in the USA: Unpacking the Policy Choices

Child and Family Law Quarterly 27(3), Fall 2015

Notre Dame Legal Studies Paper No. 1515

17 Pages Posted: 18 Jun 2015

Date Written: June 17, 2015

Abstract

Policy makers in the US currently debate whether to keep discretionary child custody standards, that is, “best interests of the child” clarified by some factors, or to move to a more rule-based system, such as a presumptive shared parenting regime. This article briefly sets out the problem, theoretical and evidence-based ways of approaching it, and some new results from a study of court documents from one US state indicating that a strong presumption of shared custody is associated with an increase in post-decree domestic violence. While presumptions or de facto rules should facilitate bargaining, these results may tip the balance towards the standards plus factors approach.

Keywords: Post-separation parenting, best interests, rules, discretion, shared parenting, divorce, child custody

JEL Classification: K10, K39

Suggested Citation

Friedlander Brinig, Margaret, Substantive Parenting Arrangements in the USA: Unpacking the Policy Choices (June 17, 2015). Child and Family Law Quarterly 27(3), Fall 2015, Notre Dame Legal Studies Paper No. 1515, Available at SSRN: https://ssrn.com/abstract=2619893

Margaret Friedlander Brinig (Contact Author)

Notre Dame Law School ( email )

P.O. Box 780
3157 Eck Hall of Law
Notre Dame, IN 46556-0780
United States
574-631-2303 (Phone)
574-631=8078 (Fax)

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