Law Commons^™

The Ethics Of Judicial Decision-Making Regarding Custody Of Minor Children: Looking At The Best Interests Of The Child" And The "Primary Caretaker" Standards As Utility Rules, Kathryn Mercer

Faculty Publications

This article will examine how a judge's ethical framework can influence the outcome of a custody award, even where the same "child-centered" standard is ostensibly being used. This article uses three cases from the Supreme Court of Nebraska to demonstrate that the "best interests of the child" standard can be used: 1) to award a parent custody because parents have near absolute rights (an example of rule deontology); 2) to deny a parent custody because the par ent is unfit (an example of rule utilitarianism); or 3) to deny a parent custody because the child's life needs stability (an example …