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Sound Research or Wishful Thinking in Child Custody Cases? Lessons from Relocation Law
Family Law Quarterly, Volume 40 Number 2, Summer 2006, 06/01/

Professionals who deal with specific child custody disputes surely seek to advance the children’s best interests, as do the legislators and commentators who address child custody law. Yet there is often profound disagreement about the principles that should guide them, and decision-makers are at a particular disadvantage if—as is increasingly the case—flawed research and inaccurate reviews are offered as improvements on the sound work of others. This article examines these forces in the context of relocation disputes— cases that arise when a noncustodial parent seeks to prevent the custodial parent and their children from moving. It summarizes the relevant legal issues, provides an overview of the credible U.S. research on children’s needs, and critiques the wishful thinking and mistaken analyses that threaten sound outcomes for children. Although it addresses U.S. cases and scholarship, its analysis also applies to relocation disputes elsewhere and, more broadly, to additional aspects of child custody law that require an understanding of children’s needs when their parents do not live together.
[SFV note - this article provides a good overview of joint custody literature in general, and then applies that information in the context of relocation concerns.] (more)

Divorced Parents Move, and Custody Gets Trickier
The New York Times, 08/08/

More fathers, who play a larger role in their children's daily lives than in earlier decades, are refusing to allow their children to move out of town, forcing mothers -- who about 80 percent of the time have physical custody of children -- to remain in the same city. And more mothers are fighting back. (more)




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