Since I don't believe in no fault divorce, and believe divorce should be legal, but rare, it's hard for me to discuss this matter. Kids need to LIVE with two parents.Custody, and the dissolution of the marriage itself are individual subjects with unique standards for review.
When the court evaluates whether a licensed marriage should be dissolved, the determination is based on an irreconsilable breakdown of such marriage (this would assume there has been an attempt). "No-fault" means fault is not considered in adjudicating such a breakdown. Is it irreconsilable? What is an objective finding here?
Custody is another matter entirely. In order for the issue to be a justicable question, it must first be shown a natural parent has, or must surrender this right. "No-fault" has no application here. This is an adjudication of a right. Not so with a marriage approved by application to the state.
Are you starting to see the difference? Best interest standards are criteria to assure the state is careful in the placement of it's wards. There is no connection until the state takes control from a natural parent. The subject is placement, not fitness, in this case. Has this doctrine been mis-applied? It most certainly has! Can we fix it? I think we should try. What do you think?