Joint custody: Difference between revisions
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'''Joint custody''' is a form of [[child custody]] 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 |
'''Joint custody''' is a form of [[child custody]] 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|deadurl=yes|archiveurl=https://web.archive.org/web/20120430085241/http://law.onecle.com/georgia/19/19-9-6.html|archivedate=30 April 2012|df=}}</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> |
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* [[joint physical custody]]: the child's legal place of residence is recognized as the homes of both parents. |
* [[joint physical custody]]: the child's legal place of residence is recognized as the homes of both parents. |
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* [[joint legal custody]]: both parents share decision-making rights for important decisions affecting their child; and |
* [[joint legal custody]]: both parents share decision-making rights for important decisions affecting their child; and |
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Revision as of 13:04, 29 November 2017
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Joint custody is a form of child custody pursuant to which custody rights are awarded to both parents.[1][2] Joint custody has two main forms:[3]
- 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.[2]
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 led 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]
Japan
Joint custody does not legally recognized in Japan.[6] Japanese courts favor granting custody to a primary caregiver,[7] and nearly always award custody to the parent who is in possession of the children, even in the aftermath of parental kidnapping.[8] 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.[8]
United States
In the United States, many states recognize two forms of joint custody, which include joint physical custody and joint legal custody.[2]
In joint physical custody, the child's legal residence is with both parents.[9] As with other custody cases, the custody court issues a parenting time schedule that defines the time the parent will spend with each child.[10] Joint physical custody does not necessarily result in an equal division of parenting time.[3]
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.[11] Both parents also have the ability right access to their children's records, such as educational records, health records, and other records.[12]
References
- ^ See, e.g., Arizona State Legislature (2011). "25-402". Retrieved 27 September 2011.
- ^ a b c See, e.g., Georgia State Legislature (2011). "Georgia Code Section 19-9-6". Archived from the original on 30 April 2012. Retrieved 27 September 2011.
{{cite web}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ a b Larson, Aaron (11 October 2016). "What is Child Custody". ExpertLaw. Retrieved 2 October 2017.
- ^ 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.
- ^ "As Japan moves toward recognizing joint custody, a father nourishes hope for reunion". Japan Subculture Research Center. 8 August 2013. Retrieved 2 October 2017.
- ^ Matsutani, Minoru (10 October 2009). "Custody laws force parents to extremes". The Japan Times. Retrieved 2 October 2017.
- ^ a b Kikuchi, Daisuke (5 May 2017). "Parental abduction victims hold rally to push for joint custody rights". The Japan Times. Retrieved 2 October 2017.
- ^ 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.
- ^ See, e.g., Oregon State Legislature (1997). "ORS 107.102 Parenting plan". Retrieved 27 September 2011.
- ^ See, e.g., "Basics of Custody & Visitation Orders". California Courts. Retrieved 2 October 2017.
- ^ Robert E. Emery (1999). Marriage, Divorce, and Children's Adjustment. SAGE. pp. 79–124. ISBN 978-0-7619-0252-2. Retrieved 2 November 2011.