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Should Child Custody Awards Be Based On Past Caretaking? The Effect Of The Approximation Standard Ten Years After Its Adoption., Molly L. Sanders

Molly L Sanders

Proper legal standards are needed to help judges make difficult decisions regarding child custody. Standards create the framework in which individual’s bargain, so a proper legal standard can reduce litigation and hostility between parties. The current custody law in the majority of states is the generalized best interest of the child standard. Under this standard custody is determined using a non-exclusive list of factors to predict which parent will better enhance the child’s future well-being. The best interest standard has been criticized because it is a discretionary standard, which provides little guidance to judges who must then rely on their …