Football’s Concussion Crisis Lands Its Way In Family Law Cases

In this city with a deep and proud relationship with football, a custody dispute has pushed the debate about the sport’s safety into a new arena: family court.

But the science around the long-term cognitive and neurological damage caused by football is still emerging. Judges who side with parents trying to prevent their sons from playing tackle football end up endorsing the view that the sport is too risky, a stance that might be unpopular with voters who elect them.  Judges who side with parents who want their son to play, on the other hand, risk being accused of not being prudent enough if the boy is injured.

“I’ve had custody officers say they won’t touch the issue,” said Mark R. Ashton, a family law attorney at Fox Rothschild in Exton, Pennsylvania.  “If a kid is seriously injured playing sports, the court gets blamed.”

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