ANGLO-AMERICAN CRITERIA FOR RESOLVING CHILD-CUSTODY DISPUTES FROM THE18TH-CENTURY TO THE PRESENT - REFLECTIONS ON THE ROLE OF SOCIOCULTURAL CHANGE

Transformations (from the eighteenth century to the present) of legal and cultural criteria pertaining to child custody are examined, with s pecial reference to issues pertaining to ipso facto preference for the father or the mother as the custodial parent. Starting out with (1) t he traditional doctrine which (in theory) gave the father an absolute right to custody in the event of divorce or separation, the essay trac es (2) early modifications of that doctrine, with incipient concern fo r the child's best interests; (3) the ''tender-years '' doctrine, whic h favored the mother as the caretaker for very young children; (4) a p reference (in an almost 180-degree reversal of the traditional doctrin e)for the mother as the custodial parent, except in case of the presen ce of what were viewed as strongly disqualifying factors; and (5) the egalitarian standard, which rejects ipso facto preference based on the parent's sex. These transformations are discussed in relation to fund amental alterations in perception of sex roles and of children's right s; to changing social and economic realities; to judicial attitudes; a nd to trends in de facto custody arrangements. Disparities between leg al principles and social practices are noted