Combining historical and legal scholarship, this is an analysis of the history of child custody in the USA from colonial times to the present day. It draws on history to illuminate contemporary issues, offering a rich perspective on the historical relationship of children to their parents. The author draws on three periods of pivotal change in social attitudes and the law, connecting these transformations to the changing status of women and the increasing power of mothers. He describes how the present move away from maternal preference toward equal custodial rights has been promoted by feminists' struggle for equal political rights and a new theory of equal parenting adopted by social scientists. Includes a new preface by the author.
This book is fair and comprehensive and, thankfully, free of feminist cant and propoganda. I learned much even though I know the material fairly well. My major insight was that custody has always been based on finding someone who will support the child, indentured servant or divorced wife and protect the State from having to pay. The change from father custody to mother custody has forced the State to become increasingly effective at requiring the parent with money to give the money to the other parent, allowing custody to be given to the less economically viable parent.
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