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While sole custody arrangements have generally been 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.[1][2][3]

Joint custodyis a type of child custody arrrangement, a court order whereby custody of a child is awarded to both parties. Many states recognize two forms of joint custody:

In joint physical custody, which is also known as joint physical care, actual lodging and care of the child is shared according to a court-ordered custody schedule. In many cases, the term 'visitation' is no longer used in these circumstances. In joint legal custody, both parents share the ability to have access to educational, health, and other records, and have equal decision-making status where the welfare of the child is concerned. It is important to note that joint physical custody and joint legal custody are different aspects of custody, and determination is often made separately in many states' divorce courts. E.g., it is possible to have joint legal custody, but for one parent to have primary physical custody.


History of joint custodyEdit

In England, prior to the nineteenth century, common law considered children to be the property of their father.[4][5] However, the economic and social changes that occurred during the nineteenth century lead to a shift in ideas about the dynamics of the family.[4] Industrialization separated the home and the workplace, keeping fathers away from their children in order to earn wages and provide for their family.[4] Conversely, mothers were expected to stay in the home and care for the household and the children.[4] Important social changes such as women's suffrage and child development theories allowed for ideas surrounding the importance of maternal care.[4]

Canada Edit

In Canada, joint custody (referred to by Canadian law as shared custody) is defined as a living situation where the child spends 40 percent or more of their time with each parent. [6] [7]

United StatesEdit

Main article: Joint custody (United States)

In the United States, many states recognize two forms of joint custody, which include joint physical custody and joint legal custody.[8] In joint physical custody, the actual lodging and care of the child is shared according to a court-ordered custody schedule.[9][10] 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.[11]

See alsoEdit

ReferencesEdit

  1. (22 August 1996) Surviving the Breakup: How Children and Parents Cope with Divorce, Basic Books. URL accessed 15 October 2011.
  2. Patrick Parkinson (21 February 2011). Family Law and the Indissolubility of Parenthood, 45–49, Cambridge University Press. URL accessed 25 September 2011.
  3. (1998) How to Help Your Child Overcome Your Divorce, 44–45, Newmarket Press. URL accessed 15 October 2011.
  4. Cite error: Invalid <ref> tag; no text was provided for refs named Joint_Custody_and_Shared_Parenting
  5. Cite error: Invalid <ref> tag; no text was provided for refs named Divorce_Decisions_Workbook:_A_Planning_and_Action_Guide_to_the_Practical_Side_of_Divorce
  6. Canadian Justice article on Shared Custody
  7. Canadian Child Support Guidelines, 1997
  8. Cite error: Invalid <ref> tag; no text was provided for refs named Georgia_Code_Section_19-9-6
  9. Cite error: Invalid <ref> tag; no text was provided for refs named Oregon_Laws
  10. Cite error: Invalid <ref> tag; no text was provided for refs named Kaplan
  11. Cite error: Invalid <ref> tag; no text was provided for refs named Marriage.2C_Divorce.2C_and_Children.27s_Adjustment


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