- 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
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.
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.
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.
- See, e.g., Arizona State Legislature (2011). "25-402". Retrieved 27 September 2011.
- See, e.g., "Georgia Code Title 19. Domestic Relations § 19-9-6". Findlaw. Thomson Reuters. Retrieved 29 November 2017.
- 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.
- 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.