Am J Psychiatry 1976; 133:1369-1376
Copyright © 1976 by American Psychiatric Association
Child custody contests in historical perspective
AP Derdeyn
The author reviews the historical background of interparental child custody
disputes. The father's superior right to custody in the nineteenth century
continued the English common law tradition, but in the twentieth century
the mother's claim became superior to the father's, reflecting women's
generally increasing rights and the assumption that women are better suited
to caring for children. Partly as a result of recent cultural changes
leading to a beginning equalization of parental rights and partly because
of greater concern for children, courts are starting to focus more on
children's emotional needs. It is likely that courts will increasingly call
on psychiatrists and other mental health professionals for help in making
their decisions.
