Abstract

This article examines how and to what degree child custody law curtails contact with children by parents who exhibit socially undesirable behavior. It briefly reviews the historical development of custody law, noting the ways in which changing social judgments have shaped legal doctrine. Current custody law is then examined from the same perspective, revealing that similar forces continue to affect the content, form, and consequences of child custody law. Finally, the article identifies increasing normative pressures, supported by recent findings from the behavioral sciences, that favor maintaining a child's contact with its natural family. The article concludes that the degree to which this development will effectively supplant more traditional efforts to ostracize some family members remains to be seen.

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