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{{SocPsy}}
  
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{{Main|Child custody}}
  
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{{Family law}}
   
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While [[sole custody]] arrangements have generally been considered a traditional form of [[Child custody|custody]] for many in the past, however there has been a trend since the 1980s towards '''joint custody''' arrangements being more favorable.<ref name = "Surviving the Breakup">{{cite book|author1=Judith S. Wallerstein|author2=Joan B. Kelly|title=Surviving the Breakup: How Children and Parents Cope with Divorce|url=http://books.google.com/books?id=Wz8fSe2Vo2wC|accessdate=15 October 2011|date=22 August 1996|publisher=Basic Books|isbn=978-0-465-08345-9}}</ref><ref name = "Family Law and the Indissolubility of Parenthood">{{cite book|author=Patrick Parkinson|title=Family Law and the Indissolubility of Parenthood|url=http://books.google.com/books?id=c21-ZVw__D8C&pg=PA46|accessdate=25 September 2011|date=21 February 2011|publisher=Cambridge University Press|isbn=978-0-521-11610-7|pages=45–49}}</ref><ref name="How to Help Your Child Overcome Your Divorce">{{cite book|author1=Elissa P. Benedek|author2=Catherine F. Brown|title=How to Help Your Child Overcome Your Divorce|url=http://books.google.com/books?id=1POvUYl7qcgC&pg=PA44|accessdate=15 October 2011|year=1998|publisher=Newmarket Press|isbn=978-1-55704-461-7|pages=44–45}}</ref>
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'''Joint custody''' is a court order whereby custody of a child is
 
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awarded to both parties. Many states recognize two forms of joint custody:
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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:
   
 
*joint [[physical custody]],
 
*joint [[physical custody]],
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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]].
  
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]].
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==History of joint custody==
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In [[England]], prior to the nineteenth century, [[common law]] considered children to be the property of their father.<ref name="Joint Custody and Shared Parenting"/><ref name="Divorce Decisions Workbook: A Planning and Action Guide to the Practical Side of Divorce"/> However, the economic and social changes that occurred during the nineteenth century lead to a shift in ideas about the dynamics of the [[family]].<ref name="Joint Custody and Shared Parenting"/> [[Industrialization]] separated the home and the workplace, keeping fathers away from their children in order to earn wages and provide for their family.<ref name="Joint Custody and Shared Parenting"/> Conversely, mothers were expected to stay in the home and care for the household and the children.<ref name="Joint Custody and Shared Parenting"/> Important social changes such as [[women's suffrage]] and [[child development]] theories allowed for ideas surrounding the importance of maternal care.<ref name="Joint Custody and Shared Parenting" />
   
 
=== Canada ===
  
=== Canada ===
   
 
In Canada, joint custody (referred to by Canadian law as <em>shared custody</em>) is defined as a living situation where the child spends 40 percent or more of their time with each parent. <ref>[http://www.justice.gc.ca/en/ps/pad/reports/2004-FCY-5/exesum.html Canadian Justice article on Shared Custody]</ref> <ref>[http://www.justice.gc.ca/en/ps/sup/grl/ligfed.html Canadian Child Support Guidelines, 1997]</ref>
  
In Canada, joint custody (referred to by Canadian law as <em>shared custody</em>) is defined as a living situation where the child spends 40 percent or more of their time with each parent. <ref>[http://www.justice.gc.ca/en/ps/pad/reports/2004-FCY-5/exesum.html Canadian Justice article on Shared Custody]</ref> <ref>[http://www.justice.gc.ca/en/ps/sup/grl/ligfed.html Canadian Child Support Guidelines, 1997]</ref>
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==United States==
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{{main|Joint custody (United States)}}
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In the [[United States]], many states recognize two forms of joint custody, which include [[joint physical custody]] and [[joint legal custody]].<ref name="Georgia Code Section 19-9-6" /> In joint physical custody, the actual lodging and care of the child is shared according to a court-ordered custody schedule.<ref name="Oregon Laws" /><ref name=Kaplan /> 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.<ref name="Marriage, Divorce, and Children's Adjustment" />
   
 
==See also==
  
==See also==
 
*[[Child support]]
  
*[[Child support]]
 
*[[Divorce]]
  
*[[Divorce]]
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*[[Joint custody (Spain)]]
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*[[Single parents]]
   
 
==References==
  
==References==
 
{{Reflist}}
  
{{Reflist}}
   
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[[Category:Joint custody]]
 
[[Category:Family law]]
  
[[Category:Family law]]
   

Latest revision as of 22:43, 2 August 2013

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Family law
Marriage and similar status
Dissolution of marriage
  • Divorce
  • Annulment
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    • Parent legal
  • Paternity
  • Legitimacy
  • Child custody
    • Child legal
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  • Children's rights
    • Parental child abduction
    Conflict of laws
  • Conflict of laws
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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 custody

    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

    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 States

    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 also

    References

    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. ↑ 4.0 4.1 4.2 4.3 4.4 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, Divorce, and Children's Adjustment


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