The Costs and Pitfalls of Individualizing Decisions and Incentivizing Conflict: A Comment on Afcc's Think Tank Report on Shared Parenting

Abstract

The AFCC Think Tank on Research, Policy, Practice, and Shared Parenting is quite groundbreaking, had an all‐star cast, and the issues could hardly be more important to our organization. Yet, many will regard the final report from the think tank as disappointing because, simply, it fails to say very much. I argue that the reason is that the think tank gave too little consideration to two interlocking costs to the families. First are the costs associated with individualizing decisions on a case‐by‐case basis. Much as it may be desirable, we may really not know how to properly individualize, tailor, or custom‐fit parenting plans to achieve the best possible outcomes in each case. So, the effort and expense and time and trouble taken in the futile pursuit of case‐specific decisions come with little corresponding benefits. Better to have a starting place that covers the majority of cases and families, with, of course, the ability to deviate when the fit is obviously bad. The general public strongly believes that shared parenting is that starting place and that any other position is biased. The second cost is that vagueness and ambivalence will ultimately be iatrogenic for families by leading to greater conflict. Various proposals under consideration differently incentivize parents to engage in that conflict. Presumptions, of any flavor, generally minimize such incentives. A shared parenting presumption would minimize that incentive most of all. Key Points for the Family Court Community We do not know enough to validly individualize custody arrangements. Vagueness and ambivalence incentivize conflict between the parents, which we do know is deleterious. A shared parenting presumption is strongly viewed by the public as the correct starting place and that any other position is biased. The buzz among divorce professionals about what is “the best”—and/or the most judge preferred—arrangement exerts heavy influence on the arrangements most parents eventually settle upon. The think tank provides an extremely useful agenda for future research.