This article begins with an analysis of the adjudicatory process as it is currently used in post-divorce child custody determinations. Following is a practical illustration of the way the adjudicatory process unfolds in a child custody case. An analysis of non-adjudicatory dispute resolution—specifically a negotiatory process—for child custody cases is then given, and the article concludes after a proposal for a negotiatory process that uses the primary caretaker presumption and an impasse procedure known as Final Offer Selection.
Francis J. Catania,
Accounting to Ourselves for Ourselves: An Analysis of Adjudication in the Resolution of Child Custody Disputes,
71 Neb. L. Rev.
Available at: http://digitalcommons.unl.edu/nlr/vol71/iss4/10