Sole Custody Research Articles

AS DECISÕES DOS TRIBUNAIS E POSSÍVEIS SOLUÇÕES À GUARDA COMPARTILHADA EM CASOS DE VIOLÊNCIA DOMÉSTICA

This article analyzes how the issue of shared custody in cases of domestic violence has been approached and decided by Brazilian courts. The study covers legislation, doctrine and jurisprudence to understand the practical application of the relevant laws. The Civil Code of 2002 and Law 13,058/2014, which establish shared custody as a rule, are discussed, but the recent Law 14,713/2023 significantly changed the rules, prohibiting shared custody in cases of domestic violence. Historically, Brazilian civil legislation has always prioritized the protection of minors, establishing that custody can be unilateral or shared. Shared custody, where both parents have equal responsibilities and rights, was the general rule, except in specific cases such as domestic violence, where the law previously allowed sole custody when justified. With the introduction of Law 14,713/2023, shared custody was prohibited in situations of domestic violence. This legislative change aims to protect children and victims of violence, ensuring that the aggressor cannot have joint custody. The article cites court decisions that confirm the prevalence of shared custody as a general rule and exceptions in cases of violence. In summary, Law 14,713/2023 represents a significant advance by prohibiting shared custody in cases of domestic violence, reflecting the need to protect victims and guarantee the safety of children. The article concludes that, despite improvements, there are still challenges in applying and raising awareness of legal changes.

PEMBERIAN HAK ASUH BERSAMA DALAM PENYELESAIAN SENGKETA HAK ASUH ANAK DI INDONESIA: PERSPEKTIF MASLAHAH MURSALAH

In general, looking at the various existing regulations and practices in court decisions, child custody law in Indonesia still provides sole custody in resolving child custody disputes. However, in recent years, several judges have begun to establish joint custody in child custody disputes. The main data in this study is in the form of five Religious Court rulings on joint child custody. The purpose of this study is to reveal the judge's legal considerations in determining joint custody and in what cases child custody should be applied from the perspective of maslahah mursalah. This research uses qualitative methods with a normative juridical approach. The result of this study is that the judge's consideration in determining joint custody is not based on the KHI, but based on the best interests of the child which is the judge's interpretation of Article 14 paragraph (1) of Law Number 35 of 2014 concerning Child Protection. Before determining child custody, the judge must first look at the track record of both parents, if both are good in nature and have the ability to take care of children, then the judge can consider determining child custody together. If one parent behaves badly and does not have the ability to care for the child, then it is better to establish sole custody solely in the best interest of the child based on the maslahah mursalah.

The quality of the stepfather–child relationship in sole and joint physical custody

AbstractObjectiveThis study examines whether the quality of the stepfather–child relationship differs among sole physical custody (SPC) and joint physical custody (JPC) families and compares the association between the father–child and the stepfather–child relationship across the two physical custody arrangements.BackgroundAn increasing number of families opt for JPC after separation or divorce. Because children in JPC families spend more time with their biological father than children in mother SPC families, the question arises whether JPC affects the quality of the stepfather–child relationship.MethodWe investigated 279 SPC and 182 JPC stepfather families with children aged 1 to 14 from the Family Models in Germany study. Ordinary least squares regression models and interaction effects were estimated.ResultsThe quality of the stepfather–child relationship was generally high in both SPC and JPC families and did not differ between the two arrangements. The father–child relationship was positively, albeit weakly, associated with the stepfather–child relationship in both arrangements, indicating spillover effects.ConclusionJPC does not affect the quality of the stepfather–child relationship.ImplicationsThis study does not provide any evidence that JPC is an ill‐suited physical custody arrangement when considering the quality of relationships in stepfamilies.

Sole Custody and The Implication of Fault-based Divorce Under the Indonesian Legal System

This study analyses the reasons why most judges in Indonesia’s religious courts tend to rule in favour of the sole custody model over the joint custody model following a divorce, even though the state, through the Child Protection Act, has enacted regulations emphasizing the granting of child custody using the joint custody model. This study is an evaluative review of the dominant sole custody model decided in the Religious Court concerning the Indonesian divorce law system, which emphasizes that divorce must be filed for a reason. The study results show that the divorce law requiring divorce to be accompanied by a reason and adopted by the Religious Court makes Indonesia a country that adopts a fault-based divorce system. This impacts the contestation and efforts of one party to find fault with the other party through the proof process in the Religious Court. Furthermore, to show that one party is better and more moral, there is a struggle for child custody rights while affirming the presumption that the party winning child custody is the better and more moral party. This means that child custody is always given to one party, not to both parties. The Religious Court needs to consider the use of a no-fault divorce system for several reasons: (1) Islamic jurisprudence recognizes no-fault divorce, namely, divorce with khuluk (khul’), and (2) efforts not to defame the couple in court are more in line with Islamic teachings.

Dynamika vyjednávání o uspořádání péče o děti po rozchodu či rozvodu rodičů

Based on data from a questionnaire survey and in-depth qualitative interviews with parents who have separated, the text describes the dynamics of the negotiations relating to physical custody of a child. When negotiating a custody arrangement, parents develop their strategies in relation to the prevailing model in Czech society of granting mothers sole custody. Most women prefer to maintain this arrangement, while fathers more often seek to move towards an equal division of care. When fathers are granted sole custody it is not usually on the basis of a consensual agreement being reached between parents. Custody arrangements enforced without parental consent are potentially conflictual and unstable.

The Legal Practices and Challenges of Parental Authority, Custody, and Child Welfare Protection in Divorce Cases Under German Family Law

This paper examines the intricacies and challenges inherent in the German legal system’s approach to parental authority, custody, and child welfare within the context of divorce proceedings. Grounded in the principles of the Bürgerliches Gesetzbuch (BGB), the review explores the commendable commitment of German family law to the welfare and best interests of children during the tumultuous process of divorce. Through a critical lens, it delves into the dynamic interplay between joint and sole custody arrangements, the pivotal role of children’s voices in judicial decisions, and the enforcement of custody and visitation rights. Additionally, the paper scrutinizes the complex landscape of international custody disputes, emphasizing the necessity for nuanced interpretation and application of the Hague Convention on the Civil Aspects of International Child Abduction. Comparative analysis with international norms, particularly the UN Convention on the Rights of the Child, unveils areas of alignment and divergence, spotlighting opportunities for enhancing cross-border cooperation and ensuring a child-centered approach in custody disputes. Proposals for reform are articulated, advocating for structured mechanisms to integrate children’s perspectives, standardized assessments of the child’s best interest, and strategies for the effective enforcement of custody orders. Emphasizing the importance of domestic reforms and international collaboration, the review argues for ongoing evaluation and adaptation of legal practices to better protect children’s interests amid evolving family dynamics and global challenges.

Shared Care and Mothers’ Post-separation Economic Wellbeing in Finland and Wisconsin, US: Does Child Support and Sharing Child’s Costs Matter?

AbstractChildren’s post-separation living arrangements may have important implications for mothers’ economic wellbeing. This study examines self-reported economic wellbeing of mothers with shared versus sole physical custody (also known as shared care) of the child six or more years since separation, using unique survey data on separated parents in Finland (n = 850) and Wisconsin, US (n = 395) in 2019–2020. We use sequential logistic regression models to examine the pathways through which this association potentially occurs—child support and sharing of children’s expenses between parents—and whether the outcomes differ by the family policy contexts of Finland and Wisconsin. Our findings suggest that Wisconsin mothers in shared versus sole physical custody arrangements have significantly lower levels of economic hardship, that are fully explained by greater cost-sharing with the other parent of the child. No such relationship is evident in Finland, although cost-sharing is independently negatively associated with economic hardship of Finnish mothers. Findings highlight how fathers’ contributions as tied to children’s living arrangements matter for post-separation economic wellbeing of mothers, and have implications for shared physical custody and child support policy.

Shared Parenting in Europe

Abstract With the commonality of parental separation in Europe today, safeguarding the best interests of the child has become increasingly challenging. The potential of shared parenting to serve the best interests of the child and to safeguard parental rights post-separation have been drivers for its increased prominence in public discourse, and some European States have already adopted legislation to encourage or even set it as a preference over sole custody – a change that has doubtless been brought about by studies on child welfare and advocacy for parental equality. The aim of this article is to analyse the concept of shared parenting through the lens of European human rights law in order to discover how it is viewed in relation to the best interests of the child, and whether having legal measures in place to encourage it should be considered a component of the best interests of the child.

Physical Custody Arrangements, Children’s Age, and Children’s Mental Health: A Comparison of Germany and Norway

This study investigated potential differences in mental health among children living in sole physical custody (SPC), asymmetric joint physical custody (JPC), and symmetric JPC; and it tested whether children’s age moderated the association between physical custody arrangements and children’s mental health. Using data from the Family Models in Germany (FAMOD) and Norwegian Dynamics of Family Conflict (FAMC) studies, we estimated OLS regression models for children aged 2 to 14. In the German sample, children in asymmetric JPC had fewer mental health problems than children in SPC. However, this difference disappeared when controlling for various background variables, including the quality of parent-child relationships. Additionally, children’s age moderated the association between physical custody arrangements and children’s mental health problems, with increasing age being related to fewer mental health problems in asymmetric JPC. This association remained even after controlling for the background variables. In the Norwegian sample, no differences were found in children’s mental health across physical custody arrangements; nor did children’s age moderate the association. The results of this study emphasize that there may be cultural differences in how children’s mental health is related to their physical custody arrangements. Furthermore, there are modest indications that asymmetric JPC may be related to better mental health among older children in Germany.

Joint Physical Custody and Mothers’ Well-Being. An Analysis of Life Satisfaction, Depressiveness, and Stress

Although research has shown that separation or divorce can have negative consequences for mothers, only a few empirical studies have explored the association between joint physical custody and mothers’ well-being. To close this research gap, this study investigated how child physical custody arrangements (joint physical custody vs. sole physical custody) are related to three dimensions of maternal well-being: life satisfaction, depressiveness, and stress. With data from the Family Models in Germany (FAMOD) survey, OLS regression models were estimated for 996 residential mothers living in post-separation families. The results of the statistical analysis showed that mothers with joint physical custody reported statistically significantly higher levels of life satisfaction as well as lower levels of depressiveness and stress than mothers with sole physical custody. However, when controlling for the mothers’ socio-demographic characteristics and family relationships, the differences between mothers in joint and sole physical custody families disappeared, indicating that mothers’ post-separation well-being cannot be explained by the physical custody arrangement these mothers practiced. Instead, factors like the mother’s partnership status, the mother-child relationship, and the interparental relationship were more strongly related to maternal well-being. When testing interaction effects between the physical custody arrangement and the individual control variables, only one interaction was significant in predicting mothers’ levels of life satisfaction and stress: the interaction between the physical custody arrangement and the age of the child living in this arrangement. This finding suggests that having joint physical custody is only beneficial for mothers with older (i.e., school-aged) children.

Post-separation Care Arrangements and Parents’ Life Satisfaction: Can the Quality of Co-parenting and Frequency of Interparental Conflict Explain the Relationship?

Although growing numbers of parents share the physical custody of their children after family dissolution, empirical studies on the mechanisms through which post-separation care arrangements may affect parental well-being remain scarce. To fill this lacuna, the present study not only investigated the relationship between post-separation care arrangements and the life satisfaction of resident parents, but also whether the quality of co-parenting and the frequency of interparental conflict—two stressors associated with family dissolution—could explain this relationship. Based on data from the Family Models in Germany (FAMOD) study, structural equation models were estimated for an analytical sample of 1104 resident parents practicing either sole physical custody (SPC) or joint physical custody (JPC). The findings showed that parents with JPC experienced, on average, more life satisfaction than their counterparts with SPC. However, after considering the quality of co-parenting and the frequency of interparental conflict, the study found that the direct relationship between post-separation care arrangements and life satisfaction was no longer significant. Instead, practicing JPC was significantly related to both better co-parenting and fewer interparental conflicts, while the latter two factors were positively related to life satisfaction. In sum, this study showed that framework conditions, specifically elements of the interparental relationship, are more important factors to consider when investigating parents’ post-separation well-being than the type of care arrangement practiced. However, the role of selection processes in explaining these associations remains uncertain, including the question of whether practicing JPC actually enhances the quality of the interparental relationship.

Coparenting as a mediator between physical custody arrangements and children's mental health.

The detrimental effects of parental break-up on children's mental health are well-documented. However, research has also shown that children living in joint physical custody (JPC) arrangements often fare better than children living in sole physical custody (SPC) arrangements. Thus, the question arises: What are the differences between JPC and SPC that account for those results? Drawing on data from the Family Models in Germany (FAMOD) study conducted in 2019, structural equation models (SEM) were estimated to deduct the mediating role of coparenting support in children's mental health in 465 JPC and 652 SPC families with children aged 2-14. The findings suggest that the better mental health observed among children in JPC families than among children in SPC families was fully mediated by coparenting support. However, this held true only for internalizing and externalizing behavior, but not for prosocial behavior as no differences between JPC and SPC were found for this dimension. The findings affirm the importance of supportive coparenting for children's well-being after family dissolution in both SPC and JPC arrangements. After breaking up, parents should be supported in their parental engagement through coparenting counseling or psychoeducation classes.

Child-perceived parental support and knowledge in shared physical custody and other living arrangements for children

Objective: The aim of this paper is to develop an understanding of how child-perceived parental support and knowledge among children in Sweden differ across ten forms of residential arrangement. Background: Shared physical custody has become an increasingly common arrangement for children in separated families in many European countries. In an international comparison, Sweden has a high rate of parental union dissolution but also the highest prevalence of shared physical custody arrangements following divorce or separation. Over a third of all children with divorced or separated parents spend an equal amount of time living in both parental households. Method: We used data from the Swedish HBSC survey from 2013/14, which are focused on children in grades 5, 7 and 9 in the Swedish comprehensive school system (n=7360) and used perceived parental support and perceived parental knowledge scales as dependent variables in multiple ordered logistic regressions conducted separately by the sex of the parent. Results: The results show that children in shared physical custody report higher levels of parental support and knowledge than children in sole physical custody and equally high as those who live in a two-parent family. Children living in non-symmetrical physical custody arrangements report lower levels of paternal support and knowledge than children whose parents share physical custody equally. Maternal support and knowledge does not differ between children living in symmetrical and non-symmetrical shared physical custody arrangements, whereas paternal support and knowledge is lower in families where the child lives in an unequal residential sharing arrangement with the mother as the main co-residential parent. Conclusion: Post-divorce living arrangements are clearly associated with the relationship between parents and children, with children in shared physical custody reporting stronger relationships than children in sole physical custody. The cross-sectional nature of the data prevents us from drawing conclusions on causality, however.

Joint physical custody in Germany: legal framework and results of the Family Models in Germany (FAMOD) study

Abstract Only since a landmark decision by the Federal Court of Justice on 1 February 2017 has it been clear that family courts in Germany can order symmetric joint physical custody against the will of one parent. The prerequisite is that this solution is in the child’s best interests. This article analyses which criteria have been used by courts to order this physical custody arrangement since the decision. It also presents the results of the Family Models in Germany (FAMOD) study, which the authors conducted in Germany by interviewing a total of 1,554 families to investigate the living conditions of children cared for in joint physical custody care arrangements. Joint physical custody children were compared to children growing up in sole physical custody arrangements. Results show that joint physical custody can be a good solution for parents who succeed in keeping interparental conflict away from their children and reach an amicable agreement on the care of their children after separation. However, the advantages of joint physical custody were more apparent for children in the age group of 7–14 years than for younger children in the age group of 2–6 years. Furthermore, asymmetric joint physical custody seemed to have more positive effects on children’s well-being than symmetric joint physical custody.

A Comparison of Attitudes About Paternal Child Support Payments in the United States and South Korea

ABSTRACT We compared attitudes about child support between the United States and South Korean respondents, using a multiple segment factorial vignette to gather quantitative and qualitative data from 132 Americans and 132 South Koreans. South Koreans were more likely than U.S. respondents to think child support should be paid. Respondents in both countries thought fathers should pay more child support when mothers had sole custody than when both parents shared custody. Remarriage, combined with custody, affected respondents’ attitudes. The primary rationale of U.S. respondents focused on issues of fairness, while Koreans highlighted fathers’ responsibility and obligation. Cross-cultural differences in attitudes regarding child support payments, and their implications for support compliance rates in the United States and South Korea, are discussed.

Factors Determining Child Custody in Taiwan after Patriarchy's Decline: Decision Tree Analysis on Family Court Decisions

AbstractThe doctrine of ‘best interests of the child’ has guided courts in determining post-divorce child custody cases in Taiwan since 1996 amendments to the Civil Code. Amended Article 1055-1 requires judges to consider factors such as ‘the age, sex, and wishes of the child’ and ‘the age, occupation, character, health condition, economic condition, and lifestyle of the parents.’ However, previous studies have not clarified which factors judges consider primary. This article collects Taiwanese family court decisions from 2012 to 2017, involving 1,126 children whose parents were both Taiwanese and who both sought to acquire custody, in which Taiwanese district courts granted sole custody to the husband or wife. The article employs decision tree methodology, a commonly used machine learning technology. The article concludes that the three most significant factors considered by Taiwanese judges are first, which parent is the child's current primary caregiver, followed by the wishes of the child and the judge's assessment of parent-child interaction. This result runs counter to widely held beliefs that parental gender and parents’ occupations and economic resources are still prime factors in judges’ contemplation. Decision tree learning, we suggest, can assist parents’ and lawyers’ case evaluations and speed up extrajudicial custody determination arrangements.

A multidimensional measure of father involvement following parental separation

AbstractObjectiveThe aim of this study is to partially validate the Father's Relative Involvement Postseparation scale (FRIPS).BackgroundSeparated fathers have time and accessibility constraints to their children. To date, models and measures used to study separated fathers' parental involvement have often focused on the amount of time they spend with their child, not considering how they are involved. Pleck's (2010) model of father involvement and the “Who does what” measure type may be relevant in this regard.MethodThis study is based on a representative sample of 656 fathers living in Quebec, Canada, who separated between 2016 and 2018 and who have at least one child under 14 years of age.ResultsConfirmatory factor analysis showed that a second‐order model, including positive involvement activities, indirect care, and decision‐making factors, fits the data well. Convergent and divergent validity is demonstrated with custody time, father–child relationship quality and the father's perceived parental competence. Multigroup analysis showed that the FRIPS scale can be used with confidence regardless of the child's gender and age.ConclusionThe FRIPS is valid for assessing separated fathers' involvement.ImplicationsThis measure can be used to assess separated fathers' involvement, inclusive of nonresident, shared, and sole custody fathers.

Parents’ loneliness in sole and joint physical custody families

This study examined the relationship between post-separation physical custody arrangements – that is, sole physical custody (SPC), asymmetric, and symmetric joint physical custody (JPC) – and resident parents’ loneliness. The analyses were based on data from the Family Models in Germany (FAMOD) survey with an analytical sample of 1,146 resident parents living in post-separation families. Bivariate findings suggested that resident parents practicing asymmetric JPC reported fewer feelings of loneliness than resident parents practicing SPC. However, no differences were found between parents in symmetric JPC and SPC families. In the full multivariate model, the difference between resident parents in asymmetric JPC and SPC arrangements disappeared. Results showed that resident parents practicing asymmetric JPC had more time for friends and were less depressive and, thus, felt less lonely than parents with SPC arrangements.

Child custody after divorce laws in Malaysia: Muslim parents and children perspective

Child custody after divorce laws in Malaysia advocates sole custody as the main practice. Sole custody means the child will live with a parent and have contact with the other parent through access. The parent living with the child will also have parental responsibility. Social studies have suggested that sole custody generates problems that affect the best interests of the child. Some problems are lack of contact and the child being deprived of maintenance. Other countries have undergone legal reforms to better the situation through joint custody. Joint custody advocates sharing the child’s residence and parental responsibility. Therefore, this article examines the experiences the selected Muslim parents and children faced regarding child custody. The experiences concern the legal process of divorce, child custody, the residence of the child and access, parental responsibility, and parental relationships. An important finding is the general recognition of joint custody by the Shari’ah courts, the parents, and the children. However, the recognition must be in line with the best interests of the child.

Senate Bill 140: How Much Did It Change Texas Family Code Section 153.004?

This Note examines Texas Senate Bill 1408 (SB 140), passed by the Seventy-Seventh Texas Legislature, which amended Texas Family Code (TFC) section 153.004 relating to the history of domestic violence. The bill had two main purposes: (1) to give direction to judges "regarding the appointment of sole custody in family violence cases," and (2) to change the way Texas courts handle visitation when a parent has a history of domestic violence.' After a long Texas summer of well-publicized domestic violence cases, this amendment appeared to be the next logical, and much-needed, step in furtherance of the public policy of this state. However, the statute, as amended, fails to provide the necessary guidance to the courts because it leaves key terms undefined, fails to demonstrate what evidence the legislature presumes should rebut the presumptions it contains, and continues to utilize a standard of review that is too broad. Part II of this Note provides a brief background of the problem of domestic violence and of how the problem should factor into child custody and visitation determinations. Part III details how the Texas courts and legislature have responded to the problem. Part IV discusses the legislative history of SB 140 and the problems the bill addressed. Part V shows the inadequacies of TFC section 153.004 as amended and recommends that the corresponding Louisiana statute be used as a model for change. Part VI concludes that under Texas public policy, such changes are required.