Joint Child Custody

Joint child custody has become a fairly common outcome after divorce. This may take the form of joint physical custody or the more usual joint legal custody. It works well for couples who can put aside their personal differences. Many couples choose this arrangement voluntarily in order to ensure that their child continues to enjoy a strong relationship with both parents. As long as the parents are cooperative and able to trust each other to act in the child's best interests, there is no need to involve the family courts in deciding the details of joint child custody. However, parents should seek to be fully informed of the nature of their rights and responsibilities in this type of arrangement. This can help reduce conflict by ensuring that both parents have the same basic expectations. In cases that go to court, joint child custody may be more difficult to obtain since there is already a history of the parents being unable to work things out on their own.

Fast Facts

  • Although rare before the 1970s, joint child custody was discussed in a legal dispute setting as early as 1913 in New Hampshire.
  • In an early court decision (1942), a Michigan circuit judge James E. Spier recommended joint custody for a two year old child.
  • In 1953, a Texas joint custody agreement was vacated by a judge simply because no evidence was presented to him that the wife was a fit mother.

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