Joint custody

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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!).

Joint custody is a court order whereby custody of a child is awarded to both parties.[1][2] 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] Joint custody has two main forms:

History of joint custody[edit]

In England, prior to the nineteenth century, common law considered children to be the property of their father.[3][4] However, the economic and social changes that occurred during the nineteenth century led to a shift in ideas about the dynamics of the family.[3] Industrialization separated the home and the workplace, keeping fathers away from their children in order to earn wages and provide for their family.[3] Conversely, mothers were expected to stay in the home and care for the household and the children.[3] Important social changes such as women's suffrage and child development theories allowed for ideas surrounding the importance of maternal care.[3]

United States[edit]

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 actual lodging and care of the child is shared according to a court-ordered custody schedule.[5][6] 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.[7]


Joint custody does not exist in Japan.[8]


  1. ^ Arizona State Legislature (2011). "25-402". Retrieved 27 September 2011. 
  2. ^ a b c Georgia State Legislature (2011). "Georgia Code Section 19-9-6". Retrieved 27 September 2011. 
  3. ^ a b c d e 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. 
  4. ^ 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. 
  5. ^ Oregon State Legislature (1997). "ORS 107.102 Parenting plan". Retrieved 27 September 2011. 
  6. ^ 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. 
  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. ^ "As Japan moves toward recognizing joint custody, a father nourishes hope for reunion…". Japan Subculture Research Center. August 8, 2013. Retrieved January 8, 2015. 

See also[edit]