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Abstract

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.

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