PART
III
In the Best Developmental
Interests of the Child:
Topics in Separation,
Visitation, and
Reunification
It is cardinal with us that the custody, care and nurture of the child reside
first in the parents.
—Prince v. Massachusetts
Family law scholars and psychologists agree that a child will best develop
his potential and will make the greatest gains in physical and mental health
if he has a healthy relationship with both parents.
—Aviva Orenstein
Family law has always sought to answer questions about the nature,
quality, frequency, and condition of children’s relationships with others,
most particularly with caregivers in their various roles. But family law
in the age of DNA testing and PDA messaging, donor eggs and gestational
surrogates, gay marriage, no-fault, divorce, and emancipated minors
suddenly faces questions (and potential answers) never before
considered.
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