This article provides a review of the final report of the AFCC Think Tank on Research, Policy, Practice, and Shared Parenting from our perspectives as practicing family law attorneys. Specifically, we call into question some of the consensus points of the think tank report, particularly related to the term “custody” as defined in family law. We also expound upon some of the legal rules and doctrines discussed within the think tank report and consider the way some states refer to child custody in their statutes. We agree with the use of factors in deciding custody arrangements on an individualized case‐by‐case basis upon consideration of the best interests of the child, but also consider the reality of the court system today and alternatives to the court system such as alternative dispute resolution.
Key Points for the Family Court Community:
- The think tank report recognizes that the concept of child custody is evolving, yet the report is idealistic and falls short in recognizing the reality of custody law and practice today in that our courts and legislatures cannot always keep up with changing social and psychological beliefs and trends.
- The term “custody” can have several different meanings as it relates to family law, and it is important for practitioners to be specific in identifying what form of custody is being sought after or referenced.