The Ethics of Judicial Decision-Making Regarding Custody of Minor Children: Looking at the Best Interests of the Child" and the "Primary Caretaker" Standards as Utility Rules

Authors

Kathryn Mercer, Case Western University School of LawFollow

Abstract

This article will examine how a judge's ethical framework can influence the outcome of a custody award, even where the same "child-centered" standard is ostensibly being used. This article uses three cases from the Supreme Court of Nebraska to demonstrate that the "best interests of the child" standard can be used: 1) to award a parent custody because parents have near absolute rights (an example of rule deontology); 2) to deny a parent custody because the par ent is unfit (an example of rule utilitarianism); or 3) to deny a parent custody because the child's life needs stability (an example of act utilitarianism).

Keywords

Best Interests of the Child

Publication Date

1997

Document Type

Article

Place of Original Publication

Idaho Law Review

Publication Information

33 Idaho Law Review 389 (1997)

Repository Citation

Mercer, Kathryn, "The Ethics of Judicial Decision-Making Regarding Custody of Minor Children: Looking at the Best Interests of the Child" and the "Primary Caretaker" Standards as Utility Rules" (1997). Faculty Publications. 723.
https://scholarlycommons.law.case.edu/faculty_publications/723