Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Friday, November 4, 2011

Godsoe: "Parsing Parenthood"

Cynthia Godsoe (Brooklyn Law School) has posted "Parsing Parenthood" on SSRN.  Here is the abstract: 

The story public family law tells about parenthood is both inaccurate and normatively misguided. Parents are deemed “bad” because of their need for state support, and the parent-child relationship is accordingly devalued. This devaluation has resulted in costly and ineffective child welfare policies, embodied in the Adoption and Safe Families Act (ASFA) and related state laws. Child maltreatment costs an estimated 103.8 billion dollars annually, yet its incidence remains high. Thousands of youth “age out” of foster care each year as legal orphans, with no connection to a family and very poor prospects. 

This Article explores the consequences of this flawed framework, including the failure to recognize the socioeconomic factors underlying most child maltreatment and the disregard for the real ties between parents and children after families are separated. It argues that child welfare policies will not succeed until the underlying parenthood narrative changes; implicit cognitive biases channel even new interventions in a way that stigmatizes marginalized families and over-prioritizes adoption as a panacea. This Article concludes by considering some promising paths to remapping parenthood, incorporating lessons from the public health preventive approach and from the privatefamily law system’s disaggregation of parental rights and responsibilities.


Scholarship, Family Law | Permalink

TrackBack URL for this entry:

Listed below are links to weblogs that reference Godsoe: "Parsing Parenthood":


Parents who receive state-support are not 'bad' just because they receive state support. However, if the parent chooses to remain on state support in lieu of pursuing a job, career, or other opportunity to earn a sustainable income for themselves and their children, then the parent has made a 'bad' decision and is setting a 'bad' example for their children. Such bad decisions create multi-generational 'free loading' on the state-support system. BTW, on a side note, what is a panacea???

Posted by: Tulsa Divorce Attorney | Nov 5, 2011 8:12:05 AM

You got a really useful blog I have been here reading for about an hour. I am a newbee and your success is very much an inspiration for me. The first page doesn’t need to be just a dream anymore...

Posted by: visitation attorney | Apr 23, 2012 9:50:43 AM

Post a comment