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Because women, much more than men, are preeminently interested in custody, seemingly gender-neutral custody rules actually serve to expose women to extortionate bargaining at the hands of their husbands. Jordan, Pa. This gap seems to be widening.
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Since then the Supreme Court of Minnesota, citing Garska, adopted a primary caretaker parent presumption for custody of young children. The law does not attend to traditional concepts of immorality in the abstract, but only to whether the child is a party to, or is influenced by, such behavior.
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Yet the hearings, as generally irrelevant as they are to the outcome, are bad in and of themselves because the very process of preparing experts to testify increases the hardship for all concerned.
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