No Fault of Their Own

Interesting op-ed piece by Ruth Bettelheim, a marriage and family therapist, in today’s New York Times criticizing the way child custody cases are handled forty years after the institution of no-fault divorce:  No Fault of Their Own.

She’s correct that turning children into child support generators fuels much of the fire of custody litigation though it is unclear how the “fixed formulas” she suggests for setting child support would differ from the current guidelines and thereby reduce acrimony.   She’s also correct that that favoring mediation over litigation is especially important in child custody disputes.  However, in 2010, few parents and even fewer attorneys prefer litigation over mediation.

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