Shared Physical Custody: Summary of 40 Studies on Outcomes for Children

One of the most complex and compelling issues confronting policymakers, parents, and professionals involved in making custody decisions is this: What type of parenting plan is most beneficial for the children after their parents separate? More specifically, are the outcomes any better or worse for children who live with each parent at least 35% of the time compared to children who live primarily with their mother and spend less than 35% of the time living with their father? This article addresses this question by summarizing the 40 studies that have compared children in these two types of families during the past 25 years. Overall the children in shared parenting families had better outcomes on measures of emotional, behavioral, and psychological well-being, as well as better physical health and better relationships with their fathers and their mothers, benefits that remained even when there were high levels of conflict between their parents.     

Shared Parenting After Parental Separation: The Views of 12 Experts

ABSTRACT

This article summarizes panel discussions that took place at an international conference on shared parenting (SP) held in May 2017. The panelists were internationally recognized experts on the legal and psychological implications of custody arrangements and parenting plans. Seven broad themes dominated the discussions: whether or not there was persuasive evidence that SP provides real benefits to children whose parents separate; what specific factors make SP beneficial; what symbolic value SP might have; whether there should be a legal presumption in favor of SP, and if so, what factors should make for exceptions; whether high parental conflict, parents’ failure to agree on the parenting plan, or dynamics of parental alienation should preclude SP; and what should happen when a parent wants to relocate away from the other parent.     

Shared Parenting After Divorce: A Review of Shared Residential Parenting Research

One of the most complex and compelling issues confronting policymakers, parents, and the family court system is what type of parenting plan is most beneficial for children after their parents' divorce. How much time should children live with each parent? An increasing number of children are living with each parent at least 35% of the time in shared residential parenting families: How are these children and their parents faring? In what ways, if any, do divorced parents who share the residential parenting differ from parents whose children live almost exclusively with their mother? How stable are shared residential parenting plans? By reviewing the existing studies on shared parenting families, these questions are addressed.     

Evolution of Residential Custody Arrangements in Separated Families

Summary

This study tracks the evolution of three types of residential custody arrangements over a two-year period: sole custody with the father (n = 59 children), sole custody with the mother (n = 69 children), and joint custody (n = 69 children). Three categories of change were defined: (a) no change, (b) minor change (changing the schedule of visits or residence with a parent), and (c) major change (changing the custody arrangement). The results show that a minority of children changed custody arrangement but almost half the children in joint custody changed custody arrangements during the two years of the study. More young children and more girls changed custody arrangements, and girls who changed custody usually went to their mothers. With time, a type of polarization may be observed toward sole custody because there were less parents truly active in child custody at T2 than at Tl.     

A Meta-analysis of Parental Satisfaction,Adjustment, and Conflict in Joint Custody and Sole Custody Following Divorce

The literature on parental satisfaction, adjustment, and relitigation in joint custody (JC) versus sole custody (SC) following divorce is reviewed. Findings are summarized for custody differences in parental demographics; time spent with father; the father–child relationship; parental satisfaction with custody; parental adjustment, including self-esteem and parenting stress or burden; conflict between ex-spouses; and relitigation. JC was associated with equivalent or better outcomes than SC in the father–child relationship, parenting stress, parental conflict and relitigation, and overall adjustment. Satisfaction with custody is greatest for both mothers and fathers when they have SC, less in JC, and least for noncustodial parents. Future researchers need larger, more representative samples followed over time.     

Pop Goes the Woozle: Being Misled by Research on Child Custody and Parenting Plans

Mental health professionals, lawyers, and judges whose work involves child custody decisions are often presented with social science research on issues related to which parenting plan is in the children’s best interests. Unfortunately, this research can be misrepresented in ways that mislead these professionals and the children’s parents, leading to child custody decisions that are not the most beneficial for the children. The process of misrepresenting the research in ways that create myths and misconceptions has been referred to as woozling. This article describes how social science data can be woozled, illustrating this with examples related to parenting plans for children under the age of 5 whose parents have separated.     

Joint Physical Custody in The Netherlands and the Well-Being of Children

The frequency of contact with fathers and mothers and the amount of parental support for boys and girls is an important issue after divorce, from emotional, legal, and empirical points of view. In the Netherlands between 1998 and 2008, joint physical custody after divorce (when children actually have shared residences) has increased from 5% to 16%. It is therefore interesting to compare the effects growing up in the following different kinds of families actually has on children: (a) mother families with low contact frequency with the father; (b) mother families with high contact frequency with the father; (c) co-parenting families (joint physical custody); and (d) father families. The main conclusion is that, on average, the effects of joint physical custody for children, mothers, and especially for fathers, are slightly positive.     

Parenting Plans for Infants,Toddlers, and Preschoolers: Research and Issues

In the debate over parenting plans for infants and toddlers, a central question is whether these very young children should spend overnight time away from their mothers in their fathers’ care. This article summarizes and critiques the 11 empirical studies that have addressed this question. Overall, overnighting was not associated with negative outcomes for infants and toddlers and was associated with positive outcomes for preschoolers.     

Children’s Relationships With Grandparents in Married and in Shared and Sole Physical Custody Families

ABSTRACT

Grandparents can be an important source of support for their grandchildren in the often difficult time during and after parents’ divorce or separation. Grandchild–grandparent relationships can be hampered or even totally lost when parents separate, however. What happens with grandparent relationships when parents break up is closely linked to postdivorce physical custody arrangements. This article focuses on the beneficial role that grandparent relationships can play after parents separate and examines how grandparent–grandchild relationships differ in shared and sole physical custody arrangements.     

Arguments Against a Presumption of Shared Physical Custody in Family Law

ABSTRACT

The introduction of the “best interests of the child” standard as a legal presumption in family law in the 1970s signaled an important transition away from a maternal preference standard in child custody disputes, toward a recognition of the centrality and importance of both parents in the lives of children after parental separation. Paradoxically, this reform resulted in an increase rather than decrease in court-determined maternal sole custody. Despite robust empirical evidence in support of shared parenting, a gender convergence in child care roles, and increasing public support for shared parenting, the idea of shared parenting as a legal presumption has been met with skepticism and resistance among some legal and mental health professionals. This article traces the evolution of arguments against shared parenting since the concept was first introduced, from the early 1970s until the present day.     

Overnight Custody Arrangements,Attachment, and Adjustment Among Very Young Children

Large numbers of infants and toddlers have parents who live apart due to separation, divorce, or nonmarital/noncohabiting childbearing, yet this important topic, especially the controversial issue of frequent overnights with nonresidential parents, is understudied. The authors analyzed data from the Fragile Families and Child Wellbeing Study, a longitudinal investigation of children born to primarily low‐income, racial/ethnic minority parents that is representative of 20 U.S. cities with populations over 200,000. Among young children whose parents lived apart, 6.9% of infants (birth to age 1) and 5.3% of toddlers (ages 1 to 3) spent an average of at least 1 overnight per week with their nonresident parent. An additional 6.8% of toddlers spent 35%–70% of overnights with nonresident parents. Frequent overnights were significantly associated with attachment insecurity among infants, but the relationship was less clear for toddlers. Attachment insecurity predicted adjustment problems at ages 3 and 5, but frequent overnights were not directly linked with adjustment problems at older ages.     

Parental Divorce,Residence Arrangements,and Contact Between Grandchildren and Grandparents

When parents divorce, grandparents can play a supportive role in the lives of their grandchildren, but a parental divorce may also put grandchild–grandparent ties under pressure. In this study the authors investigated how grandchildren of married and divorced parents differ in the frequency of face‐to‐face contacts with grandparents and how this is mediated by postdivorce residence arrangements. Based on the multi‐actor survey “Divorce in Flanders,” they used reports of contact provided by more than 1,000 grandchildren and compared them with more than 1,100 grandparent reports for validation. The results showed that grandchildren from divorced parents have fewer contacts with their grandparents than grandchildren whose parents are married but that it is the postdivorce residence arrangement of grandchildren that produces this result. When grandchildren live with their divorced father or in a shared residence arrangement, they even see paternal grandparents more often than grandchildren with married parents.     

Challenges for Divorced Parents: Regulating Negative Emotions in Post‐Divorce Relationships

Emotion regulation processes in post‐divorce parental relationships are analysed using thematic qualitative analysis. In two separate interview episodes, three and five years post‐divorce, 55 people were interviewed: 10 couples and 35 individuals. Two themes emerged on how parents deal with their negative emotions after divorce. The first theme, emotion regulation flexibility, reveals how some parents effectively regulate negative emotions following the divorce. The second theme, emotion regulation rigidity, reveals that other parents retain feelings of anger, hostility, and resentment following the divorce as a consequence of dysfunctional emotion regulation strategies. This allows a deeper understanding of the processes of emotion regulation in family conflict, which may be easily applied in most therapeutic orientations.     

The Impact of Parental Conflict and the Mitigating Effect of Joint Custody After Divorce or Separation

ABSTRACT

This is an empirical study based on a large randomized sample of French children focusing on questions of the consequences of divorce and interparental conflict. In particular, the effect of joint custody after parental separation on children’s self-esteem was tested. The results were compared with those of a previous study made 12 years earlier with the same instruments to measure the evolution of French society and French law in the matter of divorce.     

Risk Regulation in High-Conflict Parenting

That “there is no gathering of roses without risking the thorns” might be the simplest way to think of the paradox of relationship. Risk regulation as psychological mechanism minimizes rejection (thorns) and maximizes assurance (roses). In the article, the social psychology of risk regulation is set in the context of divorce and high-conflict parenting. Risk regulation provides not only guidance for treatment, but also a conceptual framework for professional opinion in forensic evaluation and legal consideration.     

Divorce and Family Structure in Norway: Associations With Adolescent Mental Health

The aim of this study was to examine the association between family structure and adolecent mental health, after the considerable increase in divorced parents choosing joint physical custody (JPC) in Norway. Data stem from the youth@hordaland study, a population-based survey conducted in Norway in 2012. A total of 7,707 adolescents (47% male) 16 to 19 years old were included in this study. The adolescents were classified into 6 family structures. Mental health was measured using the Strengths and Difficulties Questionnaire (SDQ). No significant differences between nondivorced families (reference) and JPC were observed. Adolescents from single-parent and stepfather families scored significantly higher on all 3 SDQ scales, and adolescents from stepmother families scored significantly higher on the SDQ total and SDQ externalizing scales. In conclusion, the results of this study indicated that adolescents living in JPC did not have more adjustment problems compared to their peers living in nondivorced families.     

Health-Related Adjustment of Adolescents in Various Postdivorce Family Structures With Main Focus on Father Custody With and Without a Stepmother

It is well established that adolescents living in father custody are more likely to be involved in antisocial behavior and substance use, as compared to adolescents living in mother custody. This study assessed whether these differences also pertain to a wider spectrum of health-related outcomes. A second aim was to investigate the role of a stepparent on adolescents' health-related adjustment. A total of 6,447 Norwegian adolescents between ages 11 and 16 participated in the study. The findings revealed that the differences between adolescents in father versus mother custody might be somewhat more comprehensive than previous studies have observed, indicating increased risks for adjustment problems among adolescents living with a single father on various health-related outcomes. Generally, a stepmother does not seem to compensate for the risks of adjustment problems, but might have a positive influence on certain health-related behaviors.