Social and Behavioral Sciences Commons^™

Individualism, Privacy, And Poverty In Determining The Best Interests Of The Child, Dena Jolie Miller

Honors Papers

This thesis explores the guiding legal standard in child custody law, that custody should be decided 'in the best interests of the child.' I begin with the most common critique of the best interests standard: that it is too vague, allowing for the personal biases of judges to play too great a role in custody decision-making. I challenge this critique by examining the standard in a different context, shifting from divorce proceedings to the child welfare system, to ask how the vagueness of the standard is mobilized differently in child protective proceedings. I argue that it is not the individual …