Joint custody

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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

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

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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]

Japan

Joint custody does not exist in Japan.[8]

References

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See also