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Looking at Joint Custody Through the Language and Attitudes of Attorneys

The workings of the judicial system influence the attitudes and actions of attorneys and, in turn, their attitudes and actions affect the courts. Through their experiences with the courts, lawyers develop perceptions toward policy embedded in law and toward the court system that implements the law. These perceptions may in turn influence the construction of new policies. This article examines the connections between the attitudes of family law attorneys toward the process of divorce and their construction of the “custody problem” in the debate over joint custody. It concludes that, because matrimonial lawyers are less likely to engage in “zealous advocacy” for their clients and more likely to seek “fair solutions” than are other types of attorneys, their framing of the “custody problem” (whether for or against joint custody) focused on the mental health of the parties and the just and fair functioning of the court system.