Abstract

Examines the way norms are created and treated in family law. Divorce results when one of the spouses feels that the other has violated trust norms internal to the couple. At the same time, the award of custody speaks to an external norm of societal trust of parenting. When one spouse becomes a noncustodial parent, he or she loses the autonomy and other social supports given to a custodial parent or parents. Empirically, the paper shows the relationship between violation of internal trust norms and divorce, and between the loss of custodial status and depression. The paper also tests whether the common practice of awarding joint legal custody assuages the situation, and concludes that it does not.

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