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naraburns  nihil supernum  1yr ago (text post)   32335 thread views

Culture War Roundup for the week of January 2, 2023

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And again, that was an over-correction from the past, where men could initiate divorce and have sole custody of the children while the mother had no rights. Courts then started giving custody to mothers equally,

??? That is the exact opposite of what was the norm in the past:

The earlier judicial trend preferring mothers in custody disputes following divorce became nearly universally established in case law and was ratified by many state legislatures.

Beginning in the 1970s a major swing in custody law sharply reversed what had been a well-entrenched preference for mothers. Most states adopted laws conferring an equal status on the custodial rights of mother and father with a favorable attitude toward joint custody.

I expect that they refer to deeper past than 1970. Though I lack knowledge here - from what I understand in sufficiently older times "who gets children after divorce" was irrelevant as there was no divorce.

Note that it says, "Beginning in the 1970s a major swing in custody law sharply reversed what had been a well-entrenched preference for mothers," which implies that it had been around since before 1970. And, there was some divorce before then; what did not exist was no-fault divorce.

Yeah but I think farnear is referring to like the 1770s, when women had few to no rights in custody.

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