Does Joint Physical Custody “Cause” Children’s Better Outcomes?

Policymakers and researchers are concerned with whether joint physical custody (JPC) produces better outcomes for children than sole custody. Although several review articles summarizing up to 61 empirical articles demonstrate very positive answers, many of the research designs used compromise the ability to claim that it is JPC per se—and not selection effects—that causes the effect. We discuss several research design issues, such as propensity score analysis, that can more powerfully probe the question of causality. Some studies have already been conducted employing these strategies and more are recommended and likely to soon be forthcoming. On the basis of this comprehensive review we conclude that JPC probably does cause benefits to children on average, and that social scientists can now provisionally recommend rebuttably presumptive JPC to policymakers

Does Joint Physical Custody “Cause” Children’s Better Outcomes?

Policymakers and researchers are concerned with whether joint physical custody (JPC) produces better outcomes for children than sole custody. Although several review articles summarizing up to 61 empirical articles demonstrate very positive answers, many of the research designs used compromise the ability to claim that it is JPC per se—and not selection effects—that causes the effect. We discuss several research design issues, such as propensity score analysis, that can more powerfully probe the question of causality. Some studies have already been conducted employing these strategies and more are recommended and likely to soon be forthcoming. On the basis of this comprehensive review we conclude that JPC probably does cause benefits to children on average, and that social scientists can now provisionally recommend rebuttably presumptive JPC to policymakers

Fathers, Divorce, and Child Custody

A great many fathers will have their fathering eliminated, disrupted, or vastly changed because they become divorced from the child’s mother. In fact, between 40% and 50% of marriages end in divorce (Cherlin, 2010). Although the divorce rate (measured as divorces per 1,000 people) is high by the standards prior to the late 1960s, it has actually fallen more than 30% since its peak in 1980. The decline in divorce rates in recent years has, however, been concentrated among the college-educated portion of the population; divorce rates among the less well educated may have even increased (Cherlin, 2010). But for both groups, divorce remains the most prevalent reason for changes in paternal parenting opportunities. For almost all divorced fathers (as well as for most mothers and children), divorce is a life-defining event, around which all other experiences are organized: before the divorce versus after the divorce. Although mothers’ parenting is generally changed by divorce, the revision to the parent-child interaction patterns is generally not as far-reaching as it is to fathers’ (Braver & Lamb, in press; Braver, Shapiro, & Goodman, 2005; Fabricius, Braver, Diaz, & Velez, 2010). The reason, of course, is the radical difference between the two parents’ custodial arrangements that typically occurs. As will be documented more precisely below, mothers generally become chief custodians of children, with fathers having visiting rights only. Although that situation has changed in recent years, due in large part to the fact that research has accumulated that illuminates the unintended negative consequences of that practice on fathers and children, it remains normative. Thus, no review of fathers and divorce can be complete or enlightening unless it also considers custody matters, as we do here

Relations of Parenting Quality, Interparental Conflict, and Overnights with Mental Health Problems of Children in Divorcing Families with High Legal Conflict

The current study examined the associations between child mental health problems and the quality of maternal and paternal parenting, and how these associations were moderated by three contextual factors, quality of parenting by the other parent, interparental conflict, and the number of overnights parents had with the child. Data for the current study come from a sample of divorcing families who are in high legal conflict over developing or maintaining a parenting plan following divorce. Analyses revealed that the associations between child mental health problems and positive maternal and paternal parenting were moderated by the quality of parenting provided by the other parent and by the number of overnights children spent with parents, but not by the level of interparental conflict. When both parenting by the other parent and number of overnights were considered in the same model, only number of overnights moderated the relations between parenting and child behavior problems. The results support the proposition that the well-being of children in high conflict divorcing families is better when they spend adequate time with at least one parent who provides high quality parenting

Moral Intuitions about Fault, Parenting, and Child Custody after Divorce

Allocations of child custody postdivorce are currently determined according to the best interest standard; that is, what is best for the child. Decisions about what is best for a child necessarily reflect cultural norms, at least in part. It is therefore useful as well as interesting to ask whether current understandings of the best interest standard align with moral intuitions of lay citizens asked to take the role of judge in hypothetical cases. Do factors such as whether 1 parent had an extramarital affair influence how respondents would award custody? In the current studies, a representative sample of citizens awaiting jury service was first given a neutral scenario portraying an “average” family. Almost 80% favored dividing custodial time equally between the 2 parents, replicating earlier findings. Then, in Study 1, they were given a second, test case, vignette in which either the mother or the father was said to have carried on an extramarital affair that “essentially ruined the marriage.” In Study 2, either the mother or the father was said to have sought the divorce, opposed by the other, simply because he or she “grew tired” of the marriage. For both test cases, our respondents awarded the offending parent significantly less parenting time; about half of our respondents in each Study. The findings indicate that many citizens feel both having an affair and growing tired of the marriage is sufficient cause to award decreased parenting time, reasons for which are explored in the discussion

Lay Judgments about Child Custody after Divorce

In a pair of studies, we examine lay people’s judgments about how hypothetical cases involving child custody after divorce should be resolved. The respondents were citizens called to jury service in Pima County, Arizona. Study 1 found that both male and female respondents, if they were the judge, would most commonly award equally shared custody arrangements, as advocated by most fathers’ groups. However, if the predivorce child care had been divided disproportionately between the parents, this preference shifted, slightly but significantly, toward giving more time to the parent who had provided most of that care, consistent with the Approximation Rule advocated by the American Law Institute. Moreover, respondents judged that the arrangements prevailing in today’s court and legal environment would award equal custody considerably less often, and would thereby provide much less parenting time to fathers, than the respondents themselves would award. Study 2 found that respondents maintained their strong preference for equally shared custody even when there are very high levels of parental conflict for which the parents were equally to blame, but awarded substantially less time to the culpable parent when only one was the primary instigator of the parental conflict. The striking degree to which the public favors equal custody combined with their view that the current court system under-awards parenting time to fathers could account for past findings that the system is seriously slanted toward mothers, and suggests that family law may have a public relations problem

Lay Judgments about Child Custody after Divorce

In a pair of studies, we examine lay people’s judgments about how hypothetical cases involving child custody after divorce should be resolved. The respondents were citizens called to jury service in Pima County, Arizona. Study 1 found that both male and female respondents, if they were the judge, would most commonly award equally shared custody arrangements, as advocated by most fathers’ groups. However, if the predivorce child care had been divided disproportionately between the parents, this preference shifted, slightly but significantly, toward giving more time to the parent who had provided most of that care, consistent with the Approximation Rule advocated by the American Law Institute. Moreover, respondents judged that the arrangements prevailing in today’s court and legal environment would award equal custody considerably less often, and would thereby provide much less parenting time to fathers, than the respondents themselves would award. Study 2 found that respondents maintained their strong preference for equally shared custody even when there are very high levels of parental conflict for which the parents were equally to blame, but awarded substantially less time to the culpable parent when only one was the primary instigator of the parental conflict. The striking degree to which the public favors equal custody combined with their view that the current court system under-awards parenting time to fathers could account for past findings that the system is seriously slanted toward mothers, and suggests that family law may have a public relations problem

Lay Judgments about Child Custody after Divorce

In a pair of studies, we examine lay people’s judgments about how hypothetical cases involving child custody after divorce should be resolved. The respondents were citizens called to jury service in Pima County, Arizona. Study 1 found that both male and female respondents, if they were the judge, would most commonly award equally shared custody arrangements, as advocated by most fathers’ groups. However, if the predivorce child care had been divided disproportionately between the parents, this preference shifted, slightly but significantly, toward giving more time to the parent who had provided most of that care, consistent with the Approximation Rule advocated by the American Law Institute. Moreover, respondents judged that the arrangements prevailing in today’s court and legal environment would award equal custody considerably less often, and would thereby provide much less parenting time to fathers, than the respondents themselves would award. Study 2 found that respondents maintained their strong preference for equally shared custody even when there are very high levels of parental conflict for which the parents were equally to blame, but awarded substantially less time to the culpable parent when only one was the primary instigator of the parental conflict. The striking degree to which the public favors equal custody combined with their view that the current court system under-awards parenting time to fathers could account for past findings that the system is seriously slanted toward mothers, and suggests that family law may have a public relations problem

Lay Judgments about Child Custody after Divorce

In a pair of studies, we examine lay people’s judgments about how hypothetical cases involving child custody after divorce should be resolved. The respondents were citizens called to jury service in Pima County, Arizona. Study 1 found that both male and female respondents, if they were the judge, would most commonly award equally shared custody arrangements, as advocated by most fathers’ groups. However, if the predivorce child care had been divided disproportionately between the parents, this preference shifted, slightly but significantly, toward giving more time to the parent who had provided most of that care, consistent with the Approximation Rule advocated by the American Law Institute. Moreover, respondents judged that the arrangements prevailing in today’s court and legal environment would award equal custody considerably less often, and would thereby provide much less parenting time to fathers, than the respondents themselves would award. Study 2 found that respondents maintained their strong preference for equally shared custody even when there are very high levels of parental conflict for which the parents were equally to blame, but awarded substantially less time to the culpable parent when only one was the primary instigator of the parental conflict. The striking degree to which the public favors equal custody combined with their view that the current court system under-awards parenting time to fathers could account for past findings that the system is seriously slanted toward mothers, and suggests that family law may have a public relations problem

Fathers, Divorce, and Child Custody

A great many fathers will have their fathering eliminated, disrupted, or vastly changed because they become divorced from the child’s mother. In fact, between 40% and 50% of marriages end in divorce (Cherlin, 2010). Although the divorce rate (measured as divorces per 1,000 people) is high by the standards prior to the late 1960s, it has actually fallen more than 30% since its peak in 1980. The decline in divorce rates in recent years has, however, been concentrated among the college-educated portion of the population; divorce rates among the less well educated may have even increased (Cherlin, 2010). But for both groups, divorce remains the most prevalent reason for changes in paternal parenting opportunities. For almost all divorced fathers (as well as for most mothers and children), divorce is a life-defining event, around which all other experiences are organized: before the divorce versus after the divorce. Although mothers’ parenting is generally changed by divorce, the revision to the parent-child interaction patterns is generally not as far-reaching as it is to fathers’ (Braver & Lamb, in press; Braver, Shapiro, & Goodman, 2005; Fabricius, Braver, Diaz, & Velez, 2010). The reason, of course, is the radical difference between the two parents’ custodial arrangements that typically occurs. As will be documented more precisely below, mothers generally become chief custodians of children, with fathers having visiting rights only. Although that situation has changed in recent years, due in large part to the fact that research has accumulated that illuminates the unintended negative consequences of that practice on fathers and children, it remains normative. Thus, no review of fathers and divorce can be complete or enlightening unless it also considers custody matters, as we do here