Custody-of-childChild Custody: The Dangers of 'Rules of Thumb'
“Despite the multitude of factors and considerations that comprise the best interests doctrine, the current (and, potentially, dangerous) matrimonial zeitgeist is to sometimes favor a ‘rule of thumb’ approach rather than a true best interests analysis.”
January 30, 2025 at 08:37 AM
3 minute read
By Dylan Mitchell
Merriam Webster defines a rule of thumb as: (1) a method of procedure based on experience and common sense; (2) a general principle regarded as roughly correct but not intended to be scientifically accurate.
In deciding child custody cases, the “best interests” doctrine has been with us from time in memorial and with good reason. A legion of reported decisions cite this standard, which gives a court broad discretion to look at the totality of the circumstances to determine what is in a child’s best interests when adjudicating a custody dispute.
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