|Marriage and other
equivalent or similar unions and status
|Validity of marriages|
|Dissolution of marriages|
|Private international law|
|The Family and the Criminal Code
(or Criminal Law)
Joint custody is a court order whereby custody of a child is awarded to both parties. 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. Joint custody has two main forms:
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 lead 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.
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 actual lodging and care of the child is shared according to a court-ordered custody schedule. In joint legal custody, both parents share the ability to have access to their children's records, such as educational records, health records, and other records.
Joint custody does not exist in Japan.
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