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What makes a good parent? An examination of child custody statutes, case law, and judges.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	What makes a good parent? An examination of child custody statutes, case law, and judges.
作者:	Artis, Julie Elizabeth.
面頁冊數:	293 p.
附註:	Chair: Brian Powell.
附註:	Source: Dissertation Abstracts International, Volume: 61-02, Section: A, page: 0781.
Contained By:	Dissertation Abstracts International61-02A.
標題:	Sociology, Individual and Family Studies.
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=9962692
ISBN:	0599667761

What makes a good parent? An examination of child custody statutes, case law, and judges.
Artis, Julie Elizabeth.

What makes a good parent? An examination of child custody statutes, case law, and judges.[electronic resource] - 293 p.

Chair: Brian Powell.

Thesis (Ph.D.)--Indiana University, 1999.

Even with the shift to the more gender-neutral standard of the best interests of the child, I find that gender influences the different arenas within the legal system. In state child custody statutes, one-third of state statutes include at least one factor that could be interpreted in a gendered manner. Ironically, states that codify several factors in an attempt to preclude the use of gender are more likely to include a factor that could be interpreted as gendered. Moreover, even in states with gender-neutral statutes, traditional notions about gender often remain in case law. In interviews, I find that trial courts exercise a high amount of discretion in child custody cases and that their evaluations of parents are influenced more by personal attitudes and background than by child custody statutes and case law, suggesting another avenue by which gendered notions can appear. Results indicate that a focus on any one location in the legal system may underestimate the degree to which gender plays a role in legal and judicial assessments of parenting.

ISBN: 0599667761Subjects--Topical Terms:

212553
Sociology, Individual and Family Studies.

What makes a good parent? An examination of child custody statutes, case law, and judges.
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520 # $a Even with the shift to the more gender-neutral standard of the best interests of the child, I find that gender influences the different arenas within the legal system. In state child custody statutes, one-third of state statutes include at least one factor that could be interpreted in a gendered manner. Ironically, states that codify several factors in an attempt to preclude the use of gender are more likely to include a factor that could be interpreted as gendered. Moreover, even in states with gender-neutral statutes, traditional notions about gender often remain in case law. In interviews, I find that trial courts exercise a high amount of discretion in child custody cases and that their evaluations of parents are influenced more by personal attitudes and background than by child custody statutes and case law, suggesting another avenue by which gendered notions can appear. Results indicate that a focus on any one location in the legal system may underestimate the degree to which gender plays a role in legal and judicial assessments of parenting.
520 # $a In this study, I: (1) content analyze child custody statutes examine how states define good parenting; (2) examine child custody case law to explore how state appellate courts incorporate notions of parenthood; and (3) interview judges to examine their views about parenthood and child custody decisions.
520 # $a This dissertation project examines sociocultural meanings attached to parenthood, and how these meanings are represented in state child custody statutes, case law, and trial courts. With dramatic changes in the family, child custody law has shifted from a maternal preference to a more egalitarian standard, the best interests of the child. However, because evidence suggests that traditional notions of parenthood persist, the law may perpetuate <italic> both</italic> egalitarian and traditional notions of motherhood and fatherhood. Regrettably, little sociological research examines how these sociocultural notions are institutionalized in the legal system.
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