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Revision as of 14:12, 17 February 2019 editMartinogk (talk | contribs)Extended confirmed users771 edits →United States: Added frequency and joint physical custody laws← Previous edit Revision as of 14:57, 17 February 2019 edit undoMartinogk (talk | contribs)Extended confirmed users771 edits Moved global information from the USA section to sections on Joint Legal Custody and Joint Physical Custody, and polished text. Added frequency to Joint Physical section.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. Joint custody may refer to '']'', '']'', or both combined. '''Joint custody''' is a form of ] pursuant to which custody rights are awarded to both parents. Joint custody may refer to '']'', ''joint legal custody'', or both combined.


In joint legal custody, both ]s of a ] share major decision making regarding for example education, medical care and religious upbringing. In joint legal custody, both ]s of a ] share major decision making regarding for example education, medical care and religious upbringing. In joint physical custody, also called '']'' or '']'', the child spends equal or close to equal amount of time with both parents.


In joint physical custody, also called '']'' or '']'', the child spends equal or close to equal amount of time with both parents. After a ] or ], 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.<ref>{{cite web|url= http://www.duhaime.org/LegalDictionary/J/JointCustody.aspx|title=Joint Custody Definition|publisher=Duhaime's Law Dictionary}}</ref><ref name="Georgia Code Section 19-9-6">See, e.g., {{cite web|title=Georgia Code Title 19. Domestic Relations § 19-9-6|url=http://codes.findlaw.com/ga/title-19-domestic-relations/ga-code-sect-19-9-6.html|website=Findlaw|publisher=Thomson Reuters|accessdate=29 November 2017}}</ref><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> After a ] or ], 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.<ref>{{cite web|url= http://www.duhaime.org/LegalDictionary/J/JointCustody.aspx|title=Joint Custody Definition|publisher=Duhaime's Law Dictionary}}</ref><ref name="Georgia Code Section 19-9-6">See, e.g., {{cite web|title=Georgia Code Title 19. Domestic Relations § 19-9-6|url=http://codes.findlaw.com/ga/title-19-domestic-relations/ga-code-sect-19-9-6.html|website=Findlaw|publisher=Thomson Reuters|accessdate=29 November 2017}}</ref><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 opposite of joint physical custody is '']'', where the child primarily lives with one parent while the other parent may have ] to regularly see his or her child. Joint physical custody is different from '']'', where some siblings live with one parent while other siblings live with the other parent. The opposite of joint physical custody is '']'', where the child primarily lives with one parent while the other parent may have ] to regularly see his or her child. Joint physical custody is different from '']'', where some siblings live with one parent while other siblings live with the other parent.


==History of joint custody== ==History==
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" /> 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" />

==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.<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>

==Joint physical custody==
{{main|Shared parenting}}
⚫ In joint physical custody, the child lives an equal amount of time with both parents or for considerable amount of time with each parent.<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> Typically, the family court issues a ] that defines the time that the time will spend with each parent.<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>

The percentage of joint physical versus sole physical custody varies between countries. In a comparative survey of from 2005/06, covering children ages 11 to 15, it was highest in Sweden with 17% and lowest in Turkey and the Ukraine with only 1%.<ref name=Bjarnason>Bjarnason T, Arnarsson AA. , Journal of Comparative Family Studies, 2011, 42:871-890.</ref>


==Japan== ==Japan==
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==Spain== ==Spain==
{{main|Joint custody (Spain)}} {{main|Joint custody (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.<ref>Bjarnason T, Arnarsson AA. , Journal of Comparative Family Studies, 2011, 42:871-890.</ref> 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.<ref name=Bjarnason/>


''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.<ref>{{cite web |last1= Lendoiro |first1=Gema |title= Todo lo que debes saber sobre la custodia compartida |trans-title= Everything you should know about joint custody |url= http://www.abc.es/familia-parejas/20150228/abci-cuatodia-compartida-matrimonio-201502271351.html |publisher= Diario ABC |language=es-ES |date= 28 February 2015}}</ref> ''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.<ref>{{cite web |last1= Lendoiro |first1=Gema |title= Todo lo que debes saber sobre la custodia compartida |trans-title= Everything you should know about joint custody |url= http://www.abc.es/familia-parejas/20150228/abci-cuatodia-compartida-matrimonio-201502271351.html |publisher= Diario ABC |language=es-ES |date= 28 February 2015}}</ref>
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==United States== ==United States==
{{main|Joint custody (United States)}} {{main|Joint custody (United States)}}
In the United States, joint legal custody is common while joint physical custody is rare. 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.<ref>Bjarnason T, Arnarsson AA. , Journal of Comparative Family Studies, 2011, 42:871-890.</ref> Kentucky is the only state with a legal ] in favor of joint physical custody.<ref>Jason Petrie, , LegiScan, 2018.</ref><ref>, The Daily Independent, August 28, 2018.</ref> In the United States, joint legal custody is common while joint physical custody is rare. 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.<ref name=Barnason/> Kentucky is the only state with a legal ] in favor of joint physical custody.<ref>Jason Petrie, , LegiScan, 2018.</ref><ref>, The Daily Independent, August 28, 2018.</ref>

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">{{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">{{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>


==References== ==References==

Revision as of 14:57, 17 February 2019

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 may refer to joint physical custody, joint legal custody, or both combined.

In joint legal custody, both parents of a child share major decision making regarding for example education, medical care and religious upbringing. In joint physical custody, also called shared parenting or shared residency, the child spends equal or close to equal amount of time with both parents.

After a divorce 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, where the child primarily lives with one parent while the other parent may have visitation rights to regularly see his or her child. Joint physical custody is different from split custody, where some siblings live with one parent while other siblings live with the other parent.

History

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.

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.

Joint physical custody

Main article: Shared parenting

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 time will spend with each parent.

The percentage of joint physical versus sole physical custody varies between countries. In a comparative survey of from 2005/06, covering children ages 11 to 15, it was highest in Sweden with 17% and lowest in Turkey and the Ukraine with only 1%.

Japan

Joint custody is 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.

Spain

Main article: Joint custody (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 States

Main article: Joint custody (United States)

In the United States, joint legal custody is common while joint physical custody is rare. 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 favor of joint physical custody.

References

  1. "Joint Custody Definition". Duhaime's Law Dictionary.
  2. See, e.g., "Georgia Code Title 19. Domestic Relations § 19-9-6". Findlaw. Thomson Reuters. Retrieved 29 November 2017.
  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. See, e.g., "Basics of Custody & Visitation Orders". California Courts. Retrieved 2 October 2017.
  7. Robert E. Emery (1999). Marriage, Divorce, and Children's Adjustment. SAGE. pp. 79–124. ISBN 978-0-7619-0252-2. Retrieved 2 November 2011.
  8. 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.
  9. See, e.g., Oregon State Legislature (1997). "ORS 107.102 Parenting plan". Retrieved 27 September 2011.
  10. ^ 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.
  11. "As Japan moves toward recognizing joint custody, a father nourishes hope for reunion". Japan Subculture Research Center. 8 August 2013. Retrieved 2 October 2017.
  12. Matsutani, Minoru (10 October 2009). "Custody laws force parents to extremes". The Japan Times. Retrieved 2 October 2017.
  13. ^ Kikuchi, Daisuke (5 May 2017). "Parental abduction victims hold rally to push for joint custody rights". The Japan Times. Retrieved 2 October 2017.
  14. Lendoiro, Gema (28 February 2015). "Todo lo que debes saber sobre la custodia compartida" [Everything you should know about joint custody] (in European Spanish). Diario ABC.
  15. Cite error: The named reference Barnason was invoked but never defined (see the help page).
  16. Jason Petrie, Kentucky House Bill 528, LegiScan, 2018.
  17. Shared parenting law long overdue, The Daily Independent, August 28, 2018.

See also

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