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Child Custody In The 1970's

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With fault based divorce in the 1960s, child custody depended primarily on the child’s age. If the child was under seven years old, also known as the ‘tender years,’ the mother would receive physical custody. This was because of the belief at the time that women are good caregivers and it was their job to take care of the children at home. However, if the children were older, custody would be granted to the parent of the same sex. Sometimes judges would also award custody of children dependent on martial or sexual conduct of the spouses. When custody was awarded in this way, the presiding judge could be more focused on the rights of the parents than what is best for the child in that situation. Either way, it was quite noticeable that child custody was based on the judge and their opinion, which could change from case to case.
In 1973, the Nebraska Legislature changed their child custody statute to instead state in section 42-364(1b) that …show more content…

Specifically, with the idea of ‘best interest of the child’ being looked at for in the legal system. The judge on a divorce case with a custody dispute may have used this policy to justify their ruling of who would be given physical custody of the child. An example of this would be when the sexual conduct of the parents was brought up and how it would affect the children. Some judges seemed to feel either that this sexual experience had no ill effects or that it had a negative effect on the children. Also, any hopes that the Nebraska Legislature had with trying to make the process through the legal system painless and unhostile were made null when using the no fault system. This was because many child custody cases usually caused tension between both parties regarding ‘ownership’ over the child. This could sometimes be seen in that the children became pawns in the desire of the parents to have power and control over the situation or the

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