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Children As Pawns: Who Determines Custody?

By Lawrence Jay Braunstein

The division of assets in a divorce is a process rife with potential conflict, which varies according to the value of the assets and relative worth of the parties. More painful and much more difficult, however, is the determination of custody. Children are not assets to be divided. Their lives, already affected by the divorce, will be further impacted by the custody situation. Attorneys and courts struggle with ways to determine which parent would be the better primary caretaker. If only there were a test … Because there is not such a determining factor, the legal system has come up with many tests – and people to evaluate them. Rather than simplify the decision, this process may have further complicated it. In addition to the questions of objectivity raised about the tests themselves, there are the questions raised about the individuals who evaluate them.

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