Joint custody is a form of
child custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the ri ...
pursuant to which custody rights are awarded to both parents.
Joint custody may refer to ''
joint physical custody'', ''joint legal custody'', or both combined.
In joint legal custody, both
parent
A parent is either the progenitor of a child or, in humans, it can refer to a caregiver or legal guardian, generally called an adoptive parent or step-parent. Parents who are progenitors are First-degree relative, first-degree relatives and have ...
s of a
child
A child () is a human being between the stages of childbirth, birth and puberty, or between the Development of the human body, developmental period of infancy and puberty. The term may also refer to an unborn human being. In English-speaking ...
share major decision making regarding for example education, medical care and religious upbringing. In joint physical custody, also called ''
shared parenting
Shared parenting, shared residence, joint residence, shared custody, joint physical custody, equal parenting time (EPT) is a child custody arrangement after divorce or separation, in which both parents share the responsibility of raising their ...
'' or ''
shared residency'', the child spends equal or close to equal amount of time with both parents.
After a
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the M ...
or
separation, parents may have joint physical custody as well as joint legal custody of their children, or commonly, they may have joint legal custody while one parent has sole physical custody, or rarely, they may have joint physical custody while one parent have sole legal custody.
The opposite of joint physical custody is ''
sole custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the ri ...
'', where one parent has full parental control and decision-making authority, while the other parent may have
visitation rights to regularly see his or her child. Joint physical custody is different from ''
split custody
Split custody refers to a child custody arrangement in which one parent has sole custody of one or more children while the other parent has sole custody of the remaining siblings. Split custody is rare, as it is thought that it is in the best to k ...
'', where some siblings live with one parent while other siblings live with the other parent.
History
The concept of a child did not exist until
Jean-Jacques Rousseau
Jean-Jacques Rousseau (, ; ; 28 June 1712 – 2 July 1778) was a Republic of Geneva, Genevan philosopher (''philosophes, philosophe''), writer, and composer. His political philosophy influenced the progress of the Age of Enlightenment through ...
proposed the concept of a child. Children were considered small adults and were treated like adults around the age of 7. Also, in ancient times, it was customary for the mother to have
custody of a young child until the child reached the age of 7.
[
* Reprinted as ] In the 19th century, parental authority was generally given to the mother, unless the court found the mother to be an ineligible parent.
Joint legal custody
In joint legal custody, both parents share decision-making rights with regard to matters that may have a significant impact on their children's lives, such as where a child should attend school, the choice of a primary care physician or therapist for the child, and medical treatments. Both parents also have the ability right access to their children's records, such as educational records, health records, and other records.
Under sole physical custody arrangements, joint legal custody has been found to have beneficial effects on children compared to sole legal custody.
Joint physical custody
In joint physical custody, the child lives an equal amount of time with both parents or for considerable amount of time with each parent.
Typically, the family court issues a
parenting schedule that defines the time that the child will spend with each parent.
[See, e.g., ]
The percentage of joint physical versus sole physical custody varies between countries. In a comparative survey from 2005/06, covering children ages 11 to 15, it was highest in Sweden with 17% and lowest in Turkey and Ukraine with only 1%.
[Bjarnason T, Arnarsson AA]
Joint Physical Custody and Communication with Parents: A Cross-National Study of Children in 36 Western Countries
, Journal of Comparative Family Studies, 2011, 42:871-890.
Studies suggest that joint custody may significantly contribute to a child's wellbeing, with lower rates of mental health issues and substance abuse, better school performance, better physical health and better family relationships as compared to children in households where one parent has sole physical custody.
On the whole, studies show that children experience better outcomes in joint custody arrangements and where they have good access to both parents. While not all studies of joint custody have resulted in similar findings, none have found that harm results from joint custody.
Japan
Joint custody has not legally recognized in Japan until 2024, when a new law was passed introducing that concept, to be applied from 2026.
Japanese courts favor granting custody to a primary caregiver, and nearly always award custody to the parent who is in possession of the children, even in the aftermath of
parental kidnapping.
It is estimated that one in three children in Japan, after divorce, loose contact with the non-custodial parent, a much higher proportion than in most other countries.
The law traditionally favored men, although in recent decades in practice it ended up favoring women.
Many Japanese parents believe that recognition of joint custody rights will reduce the problem of parental kidnapping and improve parent-child relationships following a custody case;
however others have been concerned that the law will allow abusive parents to remain in contact with their former spouse and the child, and the reform has also been controversial.
According to the new law, if one parent refuses the joint custody that the other is asking for, the court will decide the outcome.
Spain
In a 2005/06 survey, about 6 percent of Spanish children ages 11 to 15 lived in a joint physical custody arrangement versus sole physical custody.
[
''Joint physical custody'' was introduced into Spanish law in 2005, subject to agreement by both parents. Some regions, such as Aragon and Catalonia, have subsequently passed laws that makes it the preferred option.
]
United Kingdom
In the United Kingdom in 2005/06, about 7 percent of 11-15 year old children lived in a joint physical versus sole physical custody arrangement.[
]
United States
In the United States, joint legal custody is common while joint physical custody is rare.[Sanford L. Braver and Michael E. Lamb]
Shared Parenting After Parental Separation: The Views of 12 Experts
Journal of Divorce & Remarriage, April 2018 According to a 2005/06 survey, about 5 percent of American children ages 11 to 15 lived in a joint physical custody arrangement versus sole physical custody.[ Kentucky is the only state with a legal ]rebuttable presumption
In law, a presumption is an "inference of a particular fact". There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. A rebuttable presumption will either shift the burden of production (requ ...
in favor of joint physical custody.Shared parenting law long overdue
The Daily Independent, August 28, 2018.
References
See also
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*Best interests
Best interests or best interests of the child is a child rights legal principle, principle, which derives from Article 3 of the UN Convention on the Rights of the Child, which says that "in all actions concerning children, whether undertaken by p ...
*Child custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the ri ...
*Coparenting
Co-parenting involves parents who together take on the socialization, care, and upbringing of children for whom they share equal responsibility. The co-parent relationship differs from an intimate relationship between adults in that it focuses so ...
*Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the M ...
*Family law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations.
Overview
Subjects that commonly fall under a nation's body of family law include:
* Marriag ...
*Family court
Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plaintif ...
*Joint custody (Spain)
In Spain, joint custody is the equal right of both parents to take legal custody of their children. It began in 2005, when a new divorce law introduced the notion of joint custody (), subject to the agreement of both parents. Subsequently, some ...
* Joint custody (United States)
* Legal custody
* Parens patriae
*Parenting plan
A parenting plan is a child custody plan that is negotiated by parents, and which may be included in a marital separation agreement or final decree of divorce. Especially when a separation is acrimonious to begin with, specific agreements about ...
* Shared residency in England
*Shared parenting
Shared parenting, shared residence, joint residence, shared custody, joint physical custody, equal parenting time (EPT) is a child custody arrangement after divorce or separation, in which both parents share the responsibility of raising their ...
* Ward of the state
Child custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the ri ...
Juvenile law
Divorce
Family law
Marriage
Parenting
Fathers' rights
Mothers' rights