The author reviews the historical background of interparental child
custody disputes. The father's superior right to custody in the nineteenth
century continued the English common law tradition, but in the twentieth
century the mother's claim became superior to the father's, reflecting
women's generally increasing rights and the assumption that women are
better suited to caring for children. Partly as a result of recent cultural
changes leading to a beginning equalization of parental rights and partly
because of greater concern for children, courts are starting to focus more
on children's emotional needs. It is likely that courts will increasingly
call on psychiatrists and other mental health professionals for help in
making their decisions.Abstract Teaser