Part 1 of this article describes and analyzes American child custody law and the underlying judicial standards used to resolve custody disputes; part 2 discusses the basic indeterminancy of present legal standards; and part 3 explores the possibility of developing less discretionary legal standards for the judicial functions of child protection and private dispute settlement.
Robert H. Mnookin,
Child-Custody Adjudication: Judicial Functions in the Face of Indeterminacy,
39 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol39/iss3/8