Joint Custody, Children, Divorce, Visitation Rights, Family


This Note addresses issues of joint custody of children in divorce cases where one parent objects to that arrangement. Part I examines New York's approach to custody, and finds it unduly restrictive and thus likely to inhibit full consideration of joint custody as an alternative. Part II of the Note discusses the historical background of child custody and explains the emergence of joint custody as a result of perceived inadequacies inherent in the sole custody arrangement. Part III discusses different approaches taken by various jurisdictions to the controversial issue of awarding joint custody over the objection of one parent, and contains an analysis of Beck v. Beck, the leading case upholding such an order. Part IV takes the position that because under certain circumstances joint custody will serve the best interests of the child," the New York courts must adopt a flexible approach that will ensure full consideration of joint custody, even when one party objects. Finally, this Note recommends that New York join the majority of states that recognize that under proper circumstances, courts may award joint custody over the objection of one parent

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Family Law Commons



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