Courts agree that in custody cases the basic issue is "the best interests of the child," but a big question remains: Who is the best judge of the child's interests? Traditionally, parents battle it out between themselves in contests often marked more by emotion than reason. When they reach no decision, they appeal to the courts, where rulings may be based more on custom than psychology. In any case, the child may be the chief casualty. Now, an eminent psychiatrist recommends a novel approach: custody by committee.
In the Yale Law Journal, Dr. Lawrence S. Kubie, former president of...