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Whose Child Is It Anyway? Awarding Joint Custody Over The Objection Of One Parent, Daniel R. Mummery

Fordham Urban Law Journal

This Note addresses issues of joint custody of children in divorce cases where one parent objects to that arrangement. Part I examines New York's approach to custody, and finds it unduly restrictive and thus likely to inhibit full consideration of joint custody as an alternative. Part II of the Note discusses the historical background of child custody and explains the emergence of joint custody as a result of perceived inadequacies inherent in the sole custody arrangement. Part III discusses different approaches taken by various jurisdictions to the controversial issue of awarding joint custody over the objection of one parent, and …