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Revision as of 16:25, 2 October 2017 edit2601:401:503:62b0:4deb:6a2c:2129:4485 (talk) →United States: Adding some explanation← Previous edit Revision as of 16:29, 2 October 2017 edit undo2601:401:503:62b0:4deb:6a2c:2129:4485 (talk) Incorporating references into text.Next edit →
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{{Family law}} {{Family law}}


'''Joint custody''' is a form of ] pursuant to which custody rights are awarded to both parents.<ref name="Arizona State Legislature 25-402"/><ref name="Georgia Code Section 19-9-6"/> Joint custody has two main forms:<ref name="al">{{cite web|last1=Larson|first1=Aaron|title=What is Child Custody|url=https://www.expertlaw.com/library/family-law-and-divorce/what-child-custody|website=ExpertLaw|accessdate=2 October 2017|date=11 October 2016}}</ref> '''Joint custody''' is a form of ] pursuant to which custody rights are awarded to both parents.<ref name = "Arizona State Legislature 25-402">See, e.g., {{cite web|author= Arizona State Legislature|title=25-402|url=http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00402.htm&Title=25&DocType=ARS|year=2011|accessdate=27 September 2011}}</ref><ref name = "Georgia Code Section 19-9-6">See, e.g., {{cite web|author= Georgia State Legislature|title=Georgia Code Section 19-9-6|url=http://law.onecle.com/georgia/19/19-9-6.html| year= 2011|accessdate=27 September 2011}}</ref> Joint custody has two main forms:<ref name="al">{{cite web|last1=Larson|first1=Aaron|title=What is Child Custody|url=https://www.expertlaw.com/library/family-law-and-divorce/what-child-custody|website=ExpertLaw|accessdate=2 October 2017|date=11 October 2016}}</ref>
* ]: the child's legal place of residence is recognized as the homes of both parents. * ]: the child's legal place of residence is recognized as the homes of both parents.
* ]: both parents share decision-making rights for important decisions affecting their child; and * ]: both parents share decision-making rights for important decisions affecting their child; and
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==History of joint custody== ==History of joint custody==
In ], prior to the nineteenth century, ] 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 led to a shift in ideas about the dynamics of the ].<ref name="Joint Custody and Shared Parenting"/> ] 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 ] and ] theories allowed for ideas surrounding the importance of maternal care.<ref name="Joint Custody and Shared Parenting" /> In ], prior to the nineteenth century, ] considered children to be the property of their father.<ref name="Joint Custody and Shared Parenting">{{cite book|author=Jay Folberg|title=Joint Custody and Shared Parenting|url=https://books.google.com/books?id=WrrsVQWYPb8C&pg=PA4|accessdate=18 October 2011|date=23 August 1991|publisher=Guilford Press|isbn=978-0-89862-481-6|pages=4–5}}</ref><ref name="Divorce Decisions Workbook: A Planning and Action Guide to the Practical Side of Divorce">{{cite book|author1=Margorie Louise Engel|author2=Diana Delhi Gould|title=Divorce Decisions Workbook: A Planning and Action Guide to the Practical Side of Divorce|url=https://books.google.com/books?id=aMiE_TtnmgsC&pg=PA107|accessdate=19 October 2011|date=1 January 1992|publisher=McGraw-Hill Professional|isbn=978-0-07-019571-4|pages=107–108}}</ref> However, the economic and social changes that occurred during the nineteenth century led to a shift in ideas about the dynamics of the ].<ref name="Joint Custody and Shared Parenting"/> ] 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 ] and ] theories allowed for ideas surrounding the importance of maternal care.<ref name="Joint Custody and Shared Parenting" />


==United States== ==United States==
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In the ], many states recognize two forms of joint custody, which include ] and ].<ref name="Georgia Code Section 19-9-6" /> In the ], many states recognize two forms of joint custody, which include ] and ].<ref name="Georgia Code Section 19-9-6" />


In joint physical custody, the child's ] is with both parents.<ref name=Kaplan /> As with other custody cases, the custody court issues a parenting time schedule that defines the time the parent will spend with each child.<ref name="Oregon Laws" /> Joint physical custody does not necessarily result in an equal division of parenting time.<ref name="al"/> In joint physical custody, the child's ] is with both parents.<ref name="Kaplan">{{cite book|author=Kaplan PMBR|title=Kaplan PMBR FINALS: Family Law: Core Concepts and Key Questions|url=https://books.google.com/books?id=vzevfXoDc4MC|accessdate=15 October 2011|date=7 July 2009|publisher=Kaplan Publishing|isbn=978-1-60714-098-6|pages=22–23}}</ref> As with other custody cases, the custody court issues a parenting time schedule that defines the time the parent will spend with each child.<ref name = "Oregon Laws">See, e.g., {{cite web|author= Oregon State Legislature|url=https://www.oregonlaws.org/ors/107.102|title=ORS 107.102 Parenting plan|year=1997|accessdate=27 September 2011}}</ref> Joint physical custody does not necessarily result in an equal division of parenting time.<ref name="al"/>


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 non-emergency medical treatment.<ref>See, e.g., {{cite web|title=Basics of Custody & Visitation Orders|url=http://www.courts.ca.gov/17975.htm|website=California Courts|accessdate=2 October 2017}}</ref> Both parents also have the ability right access to their children's records, such as educational records, health records, and other records.<ref name="Marriage, Divorce, and Children's Adjustment" /> 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 non-emergency medical treatment.<ref>See, e.g., {{cite web|title=Basics of Custody & Visitation Orders|url=http://www.courts.ca.gov/17975.htm|website=California Courts|accessdate=2 October 2017}}</ref> Both parents also have the ability right access to their children's records, such as educational records, health records, and other records.<ref name="Marriage, Divorce, and Children's Adjustment">{{cite book|author=Robert E. Emery|title=Marriage, Divorce, and Children's Adjustment|url=https://books.google.com/books?id=S_O6ZReudfQC&pg=PA79|accessdate=2 November 2011|year=1999|publisher=SAGE|isbn=978-0-7619-0252-2|pages=79–124}}</ref>


==Japan== ==Japan==
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==References== ==References==


{{reflist|refs= {{reflist}}

<ref name = "Arizona State Legislature 25-402">{{cite web|author= Arizona State Legislature|title=25-402|url=http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00402.htm&Title=25&DocType=ARS|year=2011|accessdate=27 September 2011}}</ref>

<ref name="Divorce Decisions Workbook: A Planning and Action Guide to the Practical Side of Divorce">{{cite book|author1=Margorie Louise Engel|author2=Diana Delhi Gould|title=Divorce Decisions Workbook: A Planning and Action Guide to the Practical Side of Divorce|url=https://books.google.com/books?id=aMiE_TtnmgsC&pg=PA107|accessdate=19 October 2011|date=1 January 1992|publisher=McGraw-Hill Professional|isbn=978-0-07-019571-4|pages=107–108}}</ref>

<ref name = "Georgia Code Section 19-9-6">{{cite web|author= Georgia State Legislature|title=Georgia Code Section 19-9-6|url=http://law.onecle.com/georgia/19/19-9-6.html| year= 2011|accessdate=27 September 2011}}</ref>

<ref name="Joint Custody and Shared Parenting">{{cite book|author=Jay Folberg|title=Joint Custody and Shared Parenting|url=https://books.google.com/books?id=WrrsVQWYPb8C&pg=PA4|accessdate=18 October 2011|date=23 August 1991|publisher=Guilford Press|isbn=978-0-89862-481-6|pages=4–5}}</ref>

<ref name="Kaplan">{{cite book|author=Kaplan PMBR|title=Kaplan PMBR FINALS: Family Law: Core Concepts and Key Questions|url=https://books.google.com/books?id=vzevfXoDc4MC|accessdate=15 October 2011|date=7 July 2009|publisher=Kaplan Publishing|isbn=978-1-60714-098-6|pages=22–23}}</ref>

<ref name="Marriage, Divorce, and Children's Adjustment">{{cite book|author=Robert E. Emery|title=Marriage, Divorce, and Children's Adjustment|url=https://books.google.com/books?id=S_O6ZReudfQC&pg=PA79|accessdate=2 November 2011|year=1999|publisher=SAGE|isbn=978-0-7619-0252-2|pages=79–124}}</ref>

<ref name = "Oregon Laws">{{cite web|author= Oregon State Legislature|url=https://www.oregonlaws.org/ors/107.102|title=ORS 107.102 Parenting plan|year=1997|accessdate=27 September 2011}}</ref>

}}


==See also== ==See also==

Revision as of 16:29, 2 October 2017

This article is about the joint custody worldwide. For the US view of joint custody, see Joint custody (United States). For the American Dad! episode, see Joint Custody (American Dad!).
Family law
Family
Marriage and other unions and status
Validity of marriages
Dissolution of marriages
Children's issues
Private international law
Family and criminal code
(or criminal law)

Joint custody is a form of child custody pursuant to which custody rights are awarded to both parents. Joint custody has two main forms:

  • joint physical custody: the child's legal place of residence is recognized as the homes of both parents.
  • joint legal custody: both parents share decision-making rights for important decisions affecting their child; and

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.

History of joint custody

In England, prior to the nineteenth century, common law considered children to be the property of their father. However, the economic and social changes that occurred during the nineteenth century led to a shift in ideas about the dynamics of the family. 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 and child development theories allowed for ideas surrounding the importance of maternal care.

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.

In joint physical custody, the child's legal residence is with both parents. As with other custody cases, the custody court issues a parenting time schedule that defines the time the parent will spend with each child. Joint physical custody does not necessarily result in an equal division of parenting time.

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 non-emergency medical treatment. Both parents also have the ability right access to their children's records, such as educational records, health records, and other records.

Japan

Joint custody does not legally recognized in Japan. 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. 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.

References

  1. See, e.g., Arizona State Legislature (2011). "25-402". Retrieved 27 September 2011.
  2. ^ See, e.g., Georgia State Legislature (2011). "Georgia Code Section 19-9-6". Retrieved 27 September 2011.
  3. ^ Larson, Aaron (11 October 2016). "What is Child Custody". ExpertLaw. Retrieved 2 October 2017.
  4. ^ Jay Folberg (23 August 1991). Joint Custody and Shared Parenting. Guilford Press. pp. 4–5. ISBN 978-0-89862-481-6. Retrieved 18 October 2011.
  5. Margorie Louise Engel; Diana Delhi Gould (1 January 1992). Divorce Decisions Workbook: A Planning and Action Guide to the Practical Side of Divorce. McGraw-Hill Professional. pp. 107–108. ISBN 978-0-07-019571-4. Retrieved 19 October 2011.
  6. Kaplan PMBR (7 July 2009). Kaplan PMBR FINALS: Family Law: Core Concepts and Key Questions. Kaplan Publishing. pp. 22–23. ISBN 978-1-60714-098-6. Retrieved 15 October 2011.
  7. See, e.g., Oregon State Legislature (1997). "ORS 107.102 Parenting plan". Retrieved 27 September 2011.
  8. See, e.g., "Basics of Custody & Visitation Orders". California Courts. Retrieved 2 October 2017.
  9. Robert E. Emery (1999). Marriage, Divorce, and Children's Adjustment. SAGE. pp. 79–124. ISBN 978-0-7619-0252-2. Retrieved 2 November 2011.
  10. "As Japan moves toward recognizing joint custody, a father nourishes hope for reunion". Japan Subculture Research Center. 8 August 2013. Retrieved 2 October 2017.
  11. Matsutani, Minoru (10 October 2009). "Custody laws force parents to extremes". The Japan Times. Retrieved 2 October 2017.
  12. ^ Kikuchi, Daisuke (5 May 2017). "Parental abduction victims hold rally to push for joint custody rights". The Japan Times. Retrieved 2 October 2017.

See also

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