A reflection of cultural change

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Abstract
Issues of child custody in divorce can be usefully considered in the light of cultural and social change. Divorce itself was an unusual and reprehensible event just over a 100 years ago. The tradition of English common law regarding the father's right to custody and the duty to support prevailed in the early years of this country. In conjunction with an increasing social concern for children, women developed a right to custody far superior to that of fathers by the early 20th century. This was in part made possible by fathers becoming liable for support of children not in their custody even if the custodial mother was “at fault”; for the divorce. The recent interest in and advancement of women's equal rights has worked to women's disadvantage with regard to custody. Fathers are now approaching an equal right to custody and mothers are being held to be equally responsible for child support. As a result of these changes, courts are no longer able to rely upon traditional formulas, and are being forced to take a close look at issues of parenting and other aspects of child care. The greater equality of parents offers new opportunities for courts to consider children's needs, and, in addition, children's needs per se are being accorded increasing attention in terms of their right to education and to limitations on relitigation of custody decrees. The need for clinically competent consultants with a good understanding of the basic legal issues is on the increase. It behooves professionals in the mental health field to prepare themselves to carry out the difficult and important task of child custody consultation.