Joint custody is a form of child custody pursuant to which custody rights are awarded to both parents. Joint custody has two main forms:
- 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
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.
Video Joint custody
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.
Maps Joint custody
Japan
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.
United States
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 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.
References
See also
- Best interests
- Child custody
- Divorce
- Family law
- Family court
- Legal custody
- Parens patriae
- Parenting plan
- Physical custody
- Shared parenting
- Ward of the state
Source of article : Wikipedia
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