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The fact that divorce rates are skyrocketing has resulted in innumerable amounts of literature from all angles being written, touching on all aspects relating to marriage and divorce law. Attempts to curve divorce rates are being approached in the wrong way, according to many critics, and instead divorce laws should better focus on minimizing the negative impact it can leave splitting spouses and especially children. Efforts to change divorce law processes have surfaced in a couple states by the name of collaborative divorce.
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Child custody rights may be shared by both parents or, primary child custody rights may be awarded to one parent or legal guardian. Since the 1970s the family court will award child custody rights contingent with the best interests of the child.
Child custody for fathers following a divorce is one of the most important aspects of a dissolving marriage. Throughout history the legal presumptions about child custody for fathers has changed significantly. Before the twentieth century children were regarded as the property of their father. Under common law, child custody for fathers was commonly awarded, as children were considered a father's rightful property. A major shift occurred after this period in history, as family courts came to favor mothers in child custody cases. It was presumed that under normal circumstances, children did better when placed in the sole custody of their mothers.