Joint custody is a form of

child custody Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the ri ...

pursuant to which custody rights are awarded to both parents. Joint custody may refer to ''

joint physical custody Shared parenting, shared residence, joint residence, shared custody, joint physical custody, equal parenting time (EPT) is a child custody arrangement after divorce or separation, in which both parents share the responsibility of raising their ...

'', ''joint legal custody'', or both combined. In joint legal custody, both parents of a

child A child ( : children) is a human being between the stages of birth and puberty, or between the developmental period of infancy and puberty. The legal definition of ''child'' generally refers to a minor, otherwise known as a person young ...

share major decision making regarding for example education, medical care and religious upbringing. In joint physical custody, also called ''

shared parenting Shared parenting, shared residence, joint residence, shared custody, joint physical custody, equal parenting time (EPT) is a child custody arrangement after divorce or separation, in which both parents share the responsibility of raising their ...

'' or ''

shared residency Shared parenting, shared residence, joint residence, shared custody, joint physical custody, equal parenting time (EPT) is a child custody arrangement after divorce or separation, in which both parents share the responsibility of raising their ...

'', the child spends equal or close to equal amount of time with both parents. After a

divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving th ...

or separation, parents may have joint physical custody as well as joint legal custody of their children, or commonly, they may have joint legal custody while one parent has sole physical custody, or rarely, they may have joint physical custody while one parent have sole legal custody.See, e.g., The opposite of joint physical custody is '' sole custody'', where the child primarily lives with one parent while the other parent may have

visitation rights In family law, contact, visitation and access are synonym terms that denotes the time that a child spends with the noncustodial parent, according to an agreed or court specified parenting schedule.Cambridge DictionaryVisitation/ref> The visitatio ...

to regularly see his or her child. Joint physical custody is different from '' split custody'', where some siblings live with one parent while other siblings live with the other parent.

History

England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...

, prior to the 19th century,

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...

considered children to be the property of their father. However, the economic and social changes that occurred during the 19th century led to a shift in ideas about the dynamics of the

family Family (from la, familia) is a group of people related either by consanguinity (by recognized birth) or affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its members and of society. Idea ...

Industrialization Industrialisation ( alternatively spelled industrialization) is the period of social and economic change that transforms a human group from an agrarian society into an industrial society. This involves an extensive re-organisation of an econo ...

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 Women's suffrage is the right of women to vote in elections. Beginning in the start of the 18th century, some people sought to change voting laws to allow women to vote. Liberal political parties would go on to grant women the right to vot ...

and

child development Child development involves the Human development (biology), biological, developmental psychology, psychological and emotional changes that occur in human beings between birth and the conclusion of adolescence. Childhood is divided into 3 stages o ...

theories allowed for ideas surrounding the importance of maternal care.

Joint legal custody

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 medical treatments. Both parents also have the ability right access to their children's records, such as educational records, health records, and other records. Under sole physical custody arrangements, joint legal custody has been found to have beneficial effects on children compared to sole legal custody.

Joint physical custody

In joint physical custody, the child lives an equal amount of time with both parents or for considerable amount of time with each parent. Typically, the family court issues a parenting schedule that defines the time that the child will spend with each parent.See, e.g., The percentage of joint physical versus sole physical custody varies between countries. In a comparative survey from 2005/06, covering children ages 11 to 15, it was highest in Sweden with 17% and lowest in Turkey and the Ukraine with only 1%.Bjarnason T, Arnarsson AA
Joint Physical Custody and Communication with Parents: A Cross-National Study of Children in 36 Western Countries
, Journal of Comparative Family Studies, 2011, 42:871-890. Studies suggest that joint custody may significantly contribute to a child's wellbeing, with lower rates of mental health issues and substance abuse, better school performance, better physical health and better family relationships as compared to children in households where one parent has sole physical custody. On the whole, studies show that children experience better outcomes in joint custody arrangements and where they have good access to both parents. While not all studies of joint custody have resulted in similar findings, none have found that harm results from 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.

Spain

In a 2005/06 survey, about 6 percent of Spanish children ages 11 to 15 lived in a joint physical custody arrangement versus sole physical custody. ''Joint physical custody'' was introduced into Spanish law in 2005, subject to agreement by both parents. Some regions, such as Aragon and Catalonia, have subsequently passed laws that makes it the preferred option.

United Kingdom

In the United Kingdom in 2005/06, about 7 percent of 11-15 year old children lived in a joint physical versus sole physical custody arrangement.

United States

In the United States, joint legal custody is common while joint physical custody is rare.Sanford L. Braver and Michael E. Lamb
Shared Parenting After Parental Separation: The Views of 12 Experts
Journal of Divorce & Remarriage, April 2018 According to a 2005/06 survey, about 5 percent of American children ages 11 to 15 lived in a joint physical custody arrangement versus sole physical custody. Kentucky is the only state with a legal

rebuttable presumption In common law and civil law, a rebuttable presumption (in Latin, ''praesumptio iuris tantum'') is an assumption made by a court that is taken to be true unless someone proves otherwise. For example, a defendant in a criminal case is presumed i ...

in favor of joint physical custody.Shared parenting law long overdue
The Daily Independent, August 28, 2018.