The History of Custody Law

This book authoritatively traces the history of custody law from ancient times to the modern day. Presenting the laws in historical and social context, the book relies on actual statutes and case reports where available to clear up many popular misconceptions and inconsistencies.

Beginning with ancient times, the book provides the text of the first known custody laws; explores the theory of a Neolithic matriarchy; and examines the treatment and custody of children in ancient Egypt, Greece, Rome, and China, as well as under ancient Hebraic and Islamic (Shari'a) laws.

The second part of the book deals with the development of child custody law in Europe from the medieval period, through feudal times, to 19th century England.

Next, the book describes the development of American custody laws, from the colonial period through the end of the 19th century. The book identifies and explains the similarities and differences between English and early American laws on child custody, and how American law evolved along a different path than English law did. Topics covered include the De Manneville case; the Talfourd Act; the tender years doctrine; the maternal preference; the role of morality and marital fault; mother's rights legislation; the custody of older children; children born out of wedlock; slave and indentured servant children; Native American children; visitation; and custody/support reciprocity.

The final part of the book deals with 20th century American custody law. Beginning with early 20th century custody statutes, the book explains the legal standards that courts employed to decide custody disputes. Chapters in this section address the role of marital fault and moral character; the maternal preference; the tender years doctrine; gender-neutralization; the primary caretaker and ALI approximation rules; the establishment of "best interest" factors; the recognition of fathers' rights with respect to children born out of wedlock; the "constitutionalization" of parental rights; visitation; third-party custody and visitation rights; joint custody; and the evolution of the child protection and foster care system. Also included is a detailed chronology of the Aid to Dependent Children program, the "federalization" of child support enforcement, and a discussion of their impact on the substantive law of custody. The book concludes with an examination of the most recent trends in custody law: polarization of the sexes in the law, counterbalanced by the movement toward a shared parenting model.

Extensively and carefully researched by an attorney with many years of experience in family and appellate practice, the book is annotated with citations to hundreds of relevant cases, statutes, historical records, legal treatises, and law journals.

Dettagli