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Full-Text Articles in Law
Panel: Domestic Violence And Custody - "To Ensure Domestic Tranquility"
Panel: Domestic Violence And Custody - "To Ensure Domestic Tranquility"
Golden Gate University Law Review
The prevalence of divorce and domestic violence brings Americans before family courts in unprecedented numbers. Courts are overwhelmed by this flood of litigation and are seeking new ways to resolve these conflicts. Custody awards are made against a shifting background of feminist politics and reactionary backlash. In an effort to provide NAWJ judges with perspective on the shared difficulties of awarding (joint) custody, the Panel on Domestic Violence and Custody convened legal and mental health professionals to discuss the related issues of joint custody, mediation, and domestic violence.
Second Thoughts On Joint Child Custody: Analysis Of Legislation And Its Implications For Women And Children, Joanne Schulman, Valerie Pitt
Second Thoughts On Joint Child Custody: Analysis Of Legislation And Its Implications For Women And Children, Joanne Schulman, Valerie Pitt
Golden Gate University Law Review
The purpose of this article is to review and analyze joint custody legislation and its implications for future custody litigation. However, discussion of joint custody must include an awareness of who its proponents are and their motivations, as well as the effect it will have on the lives of women who remain the primary caretakers of children, for "[i]n the background of the arguments over joint custody lies the age old 'battle of the sexes' and the current change in lifestyles." That the current joint custody trend is a backlash to the feminist movement and women's struggle for an identity …
Joint Custody As A Statutory Presumption: California's New Civil Code Sections 4600 And 4600.5, Nancy K. Lemon
Joint Custody As A Statutory Presumption: California's New Civil Code Sections 4600 And 4600.5, Nancy K. Lemon
Golden Gate University Law Review
On January 1, 1980, California, in enacting Civil Code sections 4600 and 4600.5, became the first state in the nation to operate under statutes not only authorizing joint custody awards upon divorce, but also establishing a presumption that joint custody is in the best interests of the child when both parents request it. This Article will examine the history of joint custody and of the legislative process, present guidelines for judicial interpretation, and undertake an analysis of the implications for women in the new statutes.