Loyola University of Chicago Law Journal
child custody, best interest of the child, parental rights, perjury
First, this Essay demonstrates that, because the "best interests" standard that states use in awarding custody between parents is so arbitrary, lawyers cannot effectively protect the parental rights of their clients. Next, this Essay contends that, because fit parents will do anything to preserve their bond with their children, the state not only expects them to commit perjury to protect their parental rights, but encourages them to do so. Finally, this Essay argues that lawyers should lay out all possible strategies to their clients even if doing so invites parents to perjure themselves.
William Tabac, Give Them a Sword: Representing Parents in Child Custody Cases, 28 Loyola University of Chicago Law Journal 267 (1996)