Who Owns the Child? Divorce and Child Custody Decisions in Middle-Class Families

Abstract

The motivation for this article stems directly from the publication of Beyond the Best Interests of the Child (1973) by Goldstein, Freud and Solnit. The authors argue that the parent awarded custody in divorce proceedings should have the right to allow or refuse the other parent access to the child. It is my contention that these guidelines are not in the best interests of children. This paper proposes the adoption of uniform statutes regarding child custody in divorce cases. In the event of a divorce, it is proposed that children be given to the “joint custody” of both parents provided the courts find no overriding reason why it would be in the best interests to award custody of the child to only one parent.