NCJ Number
115777
Journal
Suffolk University Law Review Volume: 21 Issue: 1 Dated: (Spring 1987) Pages: 1-31
Date Published
1987
Length
31 pages
Annotation
In exploring the tradition and depth of the constitutional commitment and common law protection the courts have historically accorded parental and familial relationships, this article maintains that in dissolving a marriage, courts should evaluate the interests and needs of both parents and children in making custody awards.
Abstract
In so doing, courts would consider evidence and argument on both the future well-being of the children and the consequential effects of child placement on the parents. This article examines the joint custody presumption that has recently attracted attention as a means of satisfying the parental right. The author suggests that an alternative to a joint custody presumption is elevation of the parental claim to a compelling State interest. Rather than allowing courts to subordinate the parental right to the children's best interests, courts would be required to consider simultaneously both parental and children's rights on the same scale. A compelling State interest to promote the best interests of parents and children would encourage courts to solicit and evaluate the interests of all parties concerned, without any presumptive preference as to whose rights are paramount. 105 footnotes.