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Robert H. Mnookin, Child Custody Revisited, 77 Law & Contemp. Probs. 249 (2014).

Abstract: This essay represents Professor Mnookin's reflections on the organization of a symposium and accompanying issue of "Law and Contemporary Problems" around his 1975 article "Child-Custody Adjudication: Judicial Functions in the Face of Indeterminacy." His observations focus on two questions: Are the article’s two core themes—relating to the indeterminacy of the best-interests standard and differentiating child protection from private dispute resolution—still relevant? To what extent have changes in social norms, technology, and legal doctrine made my analysis unresponsive to contemporary challenges for custody law and policy?