Joint custody
Encyclopedia
Joint custody is a court order
Court order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...

 whereby custody of a child
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...

 is awarded to both parties. In joint custody both parents are custodial parents and neither parent is a non-custodial parent, or, in other words, the child has two custodial parents. In the United States, many states recognize two forms of joint custody, which include joint physical custody and joint legal custody. In joint physical custody, the actual lodging and care of the child is shared according to a court-ordered custody schedule. In joint legal custody, both parents share the ability to have access to their children's records, such as educational records, health records, and other records.

History of joint custody

In England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...

, prior to the nineteenth century, common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 considered children to be the property of their father. However, the economic and social changes that occurred during the nineteenth century lead to a shift in ideas about the dynamics of the family
Family
In human context, a family is a group of people affiliated by consanguinity, affinity, or co-residence. In most societies it is the principal institution for the socialization of children...

. Industrialization separated the home and the workplace, keeping fathers away from their children in order to earn wages and provide for their family. Conversely, mothers were expected to stay in the home and care for the household and the children. Important social changes such as women's suffrage
Women's suffrage
Women's suffrage or woman suffrage is the right of women to vote and to run for office. The expression is also used for the economic and political reform movement aimed at extending these rights to women and without any restrictions or qualifications such as property ownership, payment of tax, or...

 and child development
Child development
Child development stages describe theoretical milestones of child development. Many stage models of development have been proposed, used as working concepts and in some cases asserted as nativist theories....

 theories allowed for ideas surrounding the importance of maternal care.

There has been a major shift which is favoring joint custody in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 court system, which began in the mid 1980s. This change has shifted the emphasis from having the need for the child to have an attachment to one "psychological" parent to the need to have an ongoing relationship between both parents.

Originally, joint legal custody meant joint custody. In this joint legal custody arrangement, the child's parents shared responsibility over discussing issues related to the child-rearing. In these arrangements with joint legal custody, one of the parents was awarded physical custody, which designated them as the primary parent, or one of the parents was allowed to determine the primary residence of the children. Though this implied that both parents had a "significant period" of time with the children, it did nothing to ensure this factor, which meant that the parent without primary custody of the child could end up having little opportunity to see his or her children.

Increasingly, however, joint physical custody, in many U.S. states, is used with the presumption of equal shared parenting, however, in most states, it is still viewed as creating a necessity to provide each of the parents with "significant periods" of physical custody to ensure the children "frequent and continuing contact" with both parents.

Concept of joint custody

Many U.S. states recognize two forms of joint custody, which include joint physical custody, and joint legal custody. Joint custody, as a theory, has many different meanings across the United States, which involves different presumptions. One possibility of this meaning is that there is sole legal custody
Sole custody
Sole custody arrangements have generally be considered a traditional form of custody for many in the past, however there has been a trend since the 1980s towards joint custody arrangements being more favorable...

 of the children with one of the parents, but there is a division of time in which the child spends time with both parents with a shared residence situation for the children. Alternatively, the children could primarily reside with only one of the parents, but have the authority over decision making be shared between the parents, which allows the parent who does not have the child residing with him or her to have authority over the children, but little chance for a strong relationship.

Joint physical custody and joint legal custody are different aspects of the joint custody arrangement, and determination is often made separately in many U.S. states' divorce courts. Therefore, it is possible for one parent to have physical custody while sharing legal custody, or inversely, it is possible for one parent to have legal custody while sharing physical custody. In some states this is referred to as custodial parent and noncustodial parent.

Also, where there is joint physical custody, terms of art such as "primary custodial parent" and "primary residence
Primary residence
A person's primary residence is the dwelling where they usually live, typically a house or an apartment. A person can only have one primary residence at any given time, though they may share the residence with other people...

" have no legal meaning other than for determining tax status, and both parents are still custodial parents.

Joint legal custody

Upon getting a divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...

, a judge will decide the next few steps for any children involved when dealing with joint legal custody. It’s typical, with two parents, for one parent to have physical custody and the other parent to have some sort of visitation rights. Joint legal custody can be awarded to either both of the parents or just one of the parents, depending on the situation and the judgments. Joint legal custody involves having the parents make difficult decisions for their children. The parent
Parent
A parent is a caretaker of the offspring in their own species. In humans, a parent is of a child . Children can have one or more parents, but they must have two biological parents. Biological parents consist of the male who sired the child and the female who gave birth to the child...

s decide how to raise their children in matters of schooling, spirituality, social events, sports religion, medical concerns, and other commonplace decisions. In joint legal custody, both parents share the ability to have access to their children's records, such as educational records, health records, and other records. Both parents have equal decision-making status where the welfare
Welfare
Welfare refers to a broad discourse which may hold certain implications regarding the provision of a minimal level of wellbeing and social support for all citizens without the stigma of charity. This is termed "social solidarity"...

 and safety of the children is concerned. This generally entails that both parents must be involved for major legal matters concerning the children, but the "day-to-day" matters and issues are left to the parent who has physical custody of the children.

Benefits and criticisms of joint legal custody

There are some inherent benefits to this form of custody arrangement. One main benefit of having joint legal custody is that the parents are legal equals, which means that both parents influence important decisions in the child's upbringing, which leads to less animosity and negativity between the parents, along with encouraging both parents to be proactive in the child's upbringing. A second benefit of having joint legal custody is that the parents exhibit a feeling of well being knowing they are working together in making decisions based on what their child's/children's needs are. This form of joint custody enables parents to focus solely on the children, with the emphasis on the health and well-being of the child/children. By doing so, this has the potential to reverse some of the emotional effects on the children in the long-run. Another benefit of joint legal custody is that it fosters an environment in which the parents of the child have some form of a means of communication
Communication
Communication is the activity of conveying meaningful information. Communication requires a sender, a message, and an intended recipient, although the receiver need not be present or aware of the sender's intent to communicate at the time of communication; thus communication can occur across vast...

 in which open dialogue can lead to ensuring a safe, nurturing environment for the child.

When parents divorce and the children are in the picture, many problems will arise during the difficult process of determining custody. For instance, if there is an argument regarding joint legal custody, the process to earn legal custody
Legal custody
-Prisoners:See of the Prison Act 1952.In section 4 of the Official Secrets Act 1989, the expression "legal custody" includes detention in pursuance of any enactment or any instrument made under an enactment.-Children:See of the Children Act 1975....

 will take longer than anticipated and will ultimately impact the relationship of the parents and the children. It may also encourage poor decisions and will damage bonds, which, in turn frequently escalates into a conflict over sole legal custody. Another criticism of having a joint legal custody arrangement is that it is a frequent occurrence for one parent to attempt to control the majority of decisions in the child's life (regardless of what the decree of joint legal custody states), which generally leads to conflict. Additionally, in a joint legal custody arrangement, if the parents of the children do not get along, this situation has the potential to cause parents to become combative and argue on every decision that needs to be made about their children, which can be extremely stressful for not only the children involved, but also for the parents.

Joint physical custody

In joint physical custody, which is also known as joint physical care
Joint physical care
Joint physical care is when both parents share physical placement of the children. Simply defined, joint physical care allows the child to live with each parent 50% of the time during the year. Parenting plans are established to determine when each parent has the children living with them...

, actual lodging and care of the child is shared according to a court-ordered custody schedule (also known as a "parenting plan
Parenting plan
A Parenting Plan or Custody Agreement is required by the district court along with divorce paperwork when parents divorce or separate. A Parenting Plan allows parents to avoid future conflicts arising from a lack of guidelines in dealing with responsibilities relating to the children...

" or "parenting schedule
Parenting plan
A Parenting Plan or Custody Agreement is required by the district court along with divorce paperwork when parents divorce or separate. A Parenting Plan allows parents to avoid future conflicts arising from a lack of guidelines in dealing with responsibilities relating to the children...

"). In many cases, the term visitation is no longer used in these circumstances, but rather is reserved to sole custody
Sole custody
Sole custody arrangements have generally be considered a traditional form of custody for many in the past, however there has been a trend since the 1980s towards joint custody arrangements being more favorable...

 orders. In some states joint physical custody creates a presumption of equal shared parenting, however in most states, joint physical custody creates an obligation to provide each of the parents with "significant periods" of physical custody so as to assure the child of "frequent and continuing contact" with both parents. For example, states such as Alabama, California, and Texas do not necessarily require joint custody orders to result in substantially equal parenting time, whereas states such as Arizona, Georgia, and Louisiana do require joint custody orders to result in substantially equal parenting time where feasible. Courts have not clearly defined what "significant periods" and "frequent and continuous contact" mean, which requires parents to litigate to find out. However, in most circumstances, it is not uncommon, for a situation in which joint custody is the chosen arrangement, to have the parents split the time roughly evenly between each other.

Benefits and criticisms of joint physical custody

According to Gayle Smith, a family lawyer, there are some inherent benefits to a joint physical custody arrangement. One benefit of joint physical custody is that the burden of sole custody
Sole custody
Sole custody arrangements have generally be considered a traditional form of custody for many in the past, however there has been a trend since the 1980s towards joint custody arrangements being more favorable...

 is not placed on the parent as the time involved in raising the children is divided among the two parties involved, allowing each of the parties more time to spend on their career
Career
Career is defined by the Oxford English Dictionary as a person's "course or progress through life ". It is usually considered to pertain to remunerative work ....

s, for instance. A second benefit of joint physical custody is that the children will still have a "significant period" of time with each of the parents, which closely resembles the relationship before the marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...

. A third benefit of joint physical custody is that it helps ensure that the children will grow up with both a male and a female role model
Role model
The term role model generally means any "person who serves as an example, whose behaviour is emulated by others".The term first appeared in Robert K. Merton's socialization research of medical students...

, which may not be ensured through sole physical custody, for instance.

There are some inherent criticisms to joint physical custody. A criticism of the joint physical custody arrangement is that due to the nature of the arrangement, the parents are in frequent contact with each other than in other situations, leading to conflict which has the potential to negatively impact all parties involved, including the children.

Three main statutes relating to joint custody

States tend to have one of three main statutes in relation to joint physical custody. One of the statutes states that joint physical custody is chosen over other arrangements unless it is not in the best interest for the children, or in other words it is the preferred arrangement. A second statute states that it is simply an option in which parents may request it or the judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

 can order it, but it is not necessarily the preferred arrangement. The last statute states that it may be ordered by a judge even against the wishes of the parents.

Frequent joint custody arrangements

Some more frequent parenting schedules
Parenting plan
A Parenting Plan or Custody Agreement is required by the district court along with divorce paperwork when parents divorce or separate. A Parenting Plan allows parents to avoid future conflicts arising from a lack of guidelines in dealing with responsibilities relating to the children...

 include:
  • Alternating weeks between the parents' houses/apartments.
  • Splitting longer periods of time between the parents' houses/apartments, such as months, several months, or even up to a year.
  • Spending weekends/holidays with one parent, but subsequently spending most weekdays with the other parent.

Bird's nest custody

Bird's nest custody is a specific form of joint custody. Birds' nest custody arrangements are arrangements in which, rather than having the children go from one parent's house to the other parent's house, the parents move in and out of the house that the children constantly reside in. The general reason for using this arrangement rather than a more commonly used arrangement is so that the burden of upheaval and moving is placed on the parents rather than the child/children.

Impact on families

Divorce is difficult on all parties involved in the process, including the children. Due to the stressful nature of divorce, along with inherent issues on the amount of time the children can spend with each parent, the process can have a long and lasting impact on the children. Unless the children's parents are often involved in intense conflict, or one of the parents is abusive
Abuse
Abuse is the improper usage or treatment for a bad purpose, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, sexual assault, violation, rape, unjust practices; wrongful practice or custom; offense; crime, or otherwise...

 and/or mentally ill, the children tend to fare better if the custody arrangement is a joint custody arrangement. Numerous studies have found that in joint custody arrangements, the children tend to exhibit better relationships with their families, better performance in their schools, higher levels of self-esteem
Self-esteem
Self-esteem is a term in psychology to reflect a person's overall evaluation or appraisal of his or her own worth. Self-esteem encompasses beliefs and emotions such as triumph, despair, pride and shame: some would distinguish how 'the self-concept is what we think about the self; self-esteem, the...

, and fewer conduct and emotional issues. Further, it has been found that children that have a sole custody
Sole custody
Sole custody arrangements have generally be considered a traditional form of custody for many in the past, however there has been a trend since the 1980s towards joint custody arrangements being more favorable...

 arrangement tend to have poorer outcomes when compared to average children (or rather children who do not have divorced parents), where children that have a joint custody arrangement tend to fare as well as average children. However, joint physical custody with an even division of time is not always necessary. These effects are generally seen simply when the children spend a substantial amount of time with both parents. According to Robert Emery, a divorce mediation expert, “In many ways, joint physical custody is the ideal arrangement for children because they still have two parents very much involved in their lives.” This statement has been supported by psychological data, however this effect is not seen in situations involving high-conflict parental relationships.

The most important factor influencing a child's well-being and adjustment after divorce is exposure to positive parenting and relationships, followed closely by family economic stability. Children that come from families with low or contained parental conflict, effective and cooperative parenting, positive relationships, and economic stability are more likely to benefit psychologically following divorce, when compared to average children. A study that specifically supports this theory has found that adolescents assigned to a joint custody arrangement scored higher in behavioral, emotional, and academic functioning when compared to children who have been placed in sole custody arrangements. Furthermore, children in joint custody report higher self-esteem and lower levels of behavioral issues and greater overall post-divorce adjustment as opposed to children in sole custody arrangements. However, a child's temperament and age have also been shown to have a strong impact on the child's development. Children that have easygoing, adaptable temperaments
Temperament
In psychology, temperament refers to those aspects of an individual's personality, such as introversion or extroversion, that are often regarded as innate rather than learned...

 are much more likely to benefit from the transitions that they will inevitably experience from a joint custody arrangement. Furthermore, infants and preschoolers are not likely to benefit from joint custody arrangements due to the importance of a consistent routine and the security of a primary attachment figure at that age.

The benefits for children to maintain relationships with both parents have been repeatedly shown in research. Children in joint custody arrangements often report greater levels of satisfaction
Satisfaction
Satisfaction may refer to:* Contentment** Computer user satisfaction** Customer satisfaction** Job satisfaction* Satisfaction , running * Satisfaction , a 1988 drama...

 with the division of time between their parents and children are also are less likely to feel torn between their parents when compared with children who are in sole custody arrangements. In addition, children in joint custody arrangements report feeling closer to both parents than children in sole custody arrangements. Joint custody arrangements also appear to benefit the parents. Not only do parents in joint custody arrangements report lower levels of conflict with one another, when compared to those in sole custody arrangements, but joint custody is frequently related to more positive relationships, effective parenting, and lower inter-parental conflict; key factors that ensure a child’s well-being following divorce. However, it is important to point out that families are far less likely to benefit from a joint custody arrangement if there is frequent parental conflict or hostility exhibited in their relationship. Frequent conflict between parents can increase a child's/children's risk for poor psychological functioning.

Other forms of custody

  • Alternating custody
    Alternating custody
    Alternating custody, also known as serial custody, is an arrangement in which children live for long periods of time with one parent, and then spend a similar amount of time with the other parent...

     is an arrangement whereby the children live for an extended period of time with one parent, and then for a similar amount of time with the other parent. While the children are with the parent, that parent retains sole authority over the children.
  • Sole custody
    Sole custody
    Sole custody arrangements have generally be considered a traditional form of custody for many in the past, however there has been a trend since the 1980s towards joint custody arrangements being more favorable...

     is an arrangement whereby only one parent has physical and legal custody of a child.
  • Split custody
    Split custody
    Split custody refers to a custody arrangement in which the children are essentially split up, with some of the children living more with one parent, and some of the children living more with the other parent...

     is an arrangement whereby one parent has full time custody over some children, and the other parent has full custody over the other children.
  • Third-party custody
    Third-party custody
    In some custody situations, it is possible that the child/children will not remain with either of their natural, biological, parents, but instead custody is awarded to a third person...

     is an arrangement in whereby the children do not remain with either biological parent, and are placed under the custody of a third person.

See also

  • Divorce
    Divorce
    Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...

  • Family law
    Family law
    Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...

  • Family court
    Family court
    A family court is a court convened to decide matters and make orders in relation to family law, such as custody of children. In common-law jurisdictions "family courts" are statutory creations primarily dealing with equitable matters devolved from a court of inherent jurisdiction, such as a...

  • Legal custody
    Legal custody
    -Prisoners:See of the Prison Act 1952.In section 4 of the Official Secrets Act 1989, the expression "legal custody" includes detention in pursuance of any enactment or any instrument made under an enactment.-Children:See of the Children Act 1975....

  • Parens patriae
    Parens patriae
    Parens patriae is Latin for "parent of the nation." In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian or informal caretaker, and to act as the parent of any child or individual who is in need of protection...

  • Parenting plan
    Parenting plan
    A Parenting Plan or Custody Agreement is required by the district court along with divorce paperwork when parents divorce or separate. A Parenting Plan allows parents to avoid future conflicts arising from a lack of guidelines in dealing with responsibilities relating to the children...

  • Physical custody
  • Shared parenting
    Shared parenting
    Shared parenting refers to a collaborative arrangement in child custody or divorce determinations in which the care of the children is equal or more than substantially shared between the biological parents.- Nature and History :...

  • Ward of the state
The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK