Pluralism, Parental Preference, and Child Custody

• DOI: 10.2307/3480710
• Publication Date: 2006-11-15T17:44:47Z
• Authors: Elizabeth S. Scott
• Keywords: Pluralism; Child custody

Modern child custody law faces an important challenge in responding to pluralistic and evolving gender parenting roles.Professor Scott finds rules favoring maternal custody, joint the best interests of wanting; she argues that optimal response current pluralism family structure is a rule seeks replicate past parental roles.This "approximation" standard promotes continuity stability for children.It encourages cooperative rather than conflictual resolution thereby ameliorating destructive effects bargaining at divorce.It also recognizes reinforces role change individual families, encouraging both parents invest before after divorce.Although approximation approach might disappoint those who believe can serve as transformational tool social reform, Professor mandating conformity prescribed roles costly ultimately ineffective.Her proposed framework allows families function according their values preferences while subtly restructuring direction desirable reform.The tone most commentary on regulating disputes divorce reflects either frustration or resignation. 1Feminists argue women have been subverted legal preference mothers has weakened. 2Fathers' rights groups advocate laws