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CD-28369
A Family Systems Paradigm for Legal Decision Making Affecting Child Custody.
Brooks, S. L.
Vanderbilt Univ., Nashville, TN. School of Law.
Journal Article
Copyright
Published:  Fall 1996
Cornell Journal of Law and Public Policy
Vol. 6, 1-22
Publication Information: Cornell Univ., Ithaca, NY. Law School.
Available from: Cornell Journal of Law and Public Policy
Cornell Law School Myron Taylor Hall
Ithaca, NY  14853
Tel: (607) 255-0526
pubpol@law.mail.cornell.edu
Available From:http://www.cls.cornell.edu/cjlpp


This article explains the application of family systems theory to judicial decision making about child custody and placement. The family systems approach endorsed by mental health practitioners focuses attention on the family unit rather than the individual, acknowledging the importance of intimate relationships and family interactions. This perspective is the opposite of the traditional focus of the court system on the rights of the individual. However, family systems theory is consistent with the legal principles of best interests of the child and least destructive placement. To implement the family systems standard, judges and advocates are advised to identify members of the family system; consider the mutual interests of those members; promote family relationships and continuity; consider the family's current level of functioning, rather than past behavior; and emphasize family strengths instead of problems. A fictitious case example is used to illustrate the application of these guidelines.
Keywords:
child custody; courts role; decision making; family centered services; family preservation; best interests of the child; judicial decisions; judicial role