Dr. Ryan Fortson and
Dr. Troy C. Payne's article, "Lawyering Up: The Effects of Legal Counsel on Outcomes of Custody Determinations," published in the Winter 2018 edition of the UC Davis
Journal of Juvenile Law & Policy, is currently available through Westlaw or Lexis at 22 U.C. Davis J. Juv. L. & Pol'y 1.
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| Prof. Ryan Fortson |
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| Prof. Troy C. Payne |
Fortson and Payne, Justice Center faculty, provide an empirical approach for determining whether being represented by an attorney increases the likelihood of success in obtaining one’s desired outcome as expressed in the parent's initial custody request. Many existing studies look at final outcomes in relation to the legal representation status of an individual parent, ignoring the issue of whether the parent achieved his or her initial custody request, as well as the effect of the representation status of the other parent. After controlling for initial custody request and the legal representation status of both parents, Fortson and Payne find that having an attorney can increase the chances of a parent achieving his or her desired custody outcome, but only if that parent is represented and the other parent is not represented. These results can have a substantial impact on those advocating for the increased availability of free or low-cost legal services in child custody proceedings.
A link to the Winter 2018 edition of the UC Davis
Journal of Juvenile Law & Policy will be posted when available.
