This article discusses the ALl Principles of Family Dissolution which proposes a default rule to determine child custody when parents cannot agree. That rule, known as the Approximation Rule, requires the court to allocate child custody so that the amount of time that the child spends with each parent approximates the proportion of time each parent spent in child care during the marriage. This article explains the background for the choice of the rule and faults the ALl for not explicitly recognizing that the rule may in effect be a proposal for shared parenting.
Northern Illinois University Law Review
Melli, Marygold S.
"The American Law Institute Principles of Family Dissolution, the Approximation Rule and Shared-Parenting,"
Northern Illinois University Law Review: Vol. 25:
3, Article 7.
Marygold S. Melli, The American Law Institute Principles of Family Dissolution, the Approximation Rule and Shared-Parenting, 25 N. Ill. U. L. Rev. 347 (2005).