In Vanishing Acts, Andrew argues vehemently that he had no choice but to kidnap Delia. In his opinion, it was unlikely for the father to get custody, and his prior assault conviction would preclude him from any custody rights at all. While custody laws shifted in the 1970s to gender-neutral policies, the practice was very different. Joint custody did not exist in 1979, leaving Andrew with few options (“The History of Child Custody Laws in America.” Dad’s Divorce, 2015). In 1978, only 1.6% of children were in the sole custody of their father (Sanders, Ruth and Graham Spanier, et al. “Current Population Reports: Divorce, Child Custody, and Child Support.” United States Census Bureau, 1979). With these numbers, Andrew’s fear that he would not get custody is realistic. Likewise, he would likely have lost all rights to Delia if Elise had contested his rights after Andrew assaulted Victor. A single father with a history of violence would not be viewed favorably by a court.

While divorce has always been legal in the United States, they were difficult to get until the 1950s. By 1978, nearly half of all marriages ended in divorce (Sanders). By March 1977, the time of Andrew’s divorce, the divorce process was well established in America.