North Carolina courts attempt to make child custody decisions according to “the best interests of the child.” But what does this mean practically? Moreover, who gets to decide what a child’s best interests are? Two parents who both love and want what is best for their children may fundamentally disagree on the answers to these questions.
An opinion piece that originally appeared in the Washington Post discusses one of the latest legal trends in family law: The presumption of shared custody. Although more and more states are taking this approach, law professor J. Herbie DiFonzo argues that presumption of shared custody should be a guiding principle but not a practice that is written into law.