What is joint custody and why is it bad?
January 4th, 2010The issue I want to discuss is joint physical custody (as oppose to legal custody). In my opinion, joint physical custody is detrimental to the children and should not be pursued in most cases.
In a typical custody fight during a separation or divorce, both parents will want sole physical custody. Sometimes, they will compromise and settle for joint physical custody where the child will spend 3 days with one parent, then move and spend 4 days with another parent. Can you imagine how difficult this is for a child? As an adult, I would find it difficult to have to uproot myself and move every 3 or 4 days, not being able to have one permanent place I call home. If I, as an adult, find it difficult, imagine how it affects children.
Children needs stability. Divorce and separation is already difficult enough on a child due to massive changes in routine in a child’s life. As parents going though separation or divorce, you need to at least be able to provide stability in as many areas of the child’s life as possible.
Obviously you have not studied any of the research on this matter.
If anything, the research on shared care shows overwhelming benefit to the welfare of the children involved.
The only area in dispute is when there is significant and ongoing conflict between the parets.
This notion of ‘stability’ is out-dated and inconsistent with currrent thinking. It was the same argument that has been used against child care centres, and mothers returning to work before the child started school.
Shared care legislation around the world is gaining momentum, and its about time the legal profession become familiar with the research supporting it.
I am a divorce lawyer in Augusta, Georgia where I practice law with my oldest son. I totally agree with you, and not the first person who commented above. Joint physical custody presents too many problems in many cases. You pointed out many of the problems inherent in joint custody. Another problem we have seen involves school age kids who have one parent who is better able to help with homework. But when you bounce kids back and forth with joint custody, their school work can suffer. Great post and fine divorce law blog!
I completely disagree with you. I raised my son in a shared physical custody arrangement from the age of 2. He just graduated high school and is university-bound. He is a happy, polite, very adjusetd and brilliant young man, and his father & I couldnt be more proud of him. Shared physical custody is extremely beneficial to the children on divorce when parents put the interest & well-being of the children first. We did that and I am so glad we did.
That is why I say that in “most” cases joint physical custody is bad. Lisa, I am so glad that you and your ex were able to put your differences aside and co-parent your child. But what you need to understand is that you’re the exception, not the norm. Most couples cannot communicate well enough to co-parent.