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Inside the CastleLaw and the Family in 20th Century America$
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Joanna L. Grossman and Lawrence M. Friedman

Print publication date: 2011

Print ISBN-13: 9780691149820

Published to Princeton Scholarship Online: October 2017

DOI: 10.23943/princeton/9780691149820.001.0001

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Collateral Damage: The Children of Divorce

Collateral Damage: The Children of Divorce

Chapter:
(p.215) Chapter Ten Collateral Damage: The Children of Divorce
Source:
Inside the Castle
Author(s):

Joanna L. Grossman

Lawrence M. Friedman

Publisher:
Princeton University Press
DOI:10.23943/princeton/9780691149820.003.0011

This chapter explores the rules and standards that courts are supposed to use in awarding custody, and how these rules and standards have shifted over the years. It also looks at the troubling issue of child support. There are minor children in roughly half of all divorces, after all, which makes custody an issue. Typically, in such cases both parents are fit; both have a constitutionally protected interest in rearing their children, but both have also chosen to live separate lives. Neither has a superior constitutional claim, and courts simply have to apply the state standard for handling custody disputes. The chapter considers who is supposed to pay for the children left adrift after divorce and how support awards are enforced.

Keywords:   children, custody, child support, support awards, divorce, minor children, custody disputes

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