A survey of child custody cases and commentary yields the following, most depressing conclusions: everyone agrees that awarding custody is one of the trial judge's most delicate responsibilities; almost everyone is unhappy with prevailing substantive and procedural doctrines; yet no one seems to believe that the situation can be improved substantially. Too many appellate opinions begin, or end, with a plaintive plea for the reader's sympathy.
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Ellsworth et al. (1969) studied this question.
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