Fathers' Rights and Joint Custody of Children

Research on Shared Versus Sole Custody After Divorce

Jun 16, 2009

When it comes to fathers' rights, there might be benefits with joint custody of children. Is a child really better off with one parent having sole custody after divorce?

Fathers' rights and joint custody of children are hot topics for dads before, during, and after divorce. There have been numerous studies to ascertain the effects of divorce on kids. And, though there is no definitive answer, much of the research says that joint custody can be better for a child than sole custody.

Sole Custody and Joint Custody of Children

While research is helpful, parents should know that the circumstances of every divorce are unique. Also, every state has different divorce laws about fathers' rights and different legal terminology concerning custody. The best way to understand the factors involved in one's divorce is to consult an attorney.

Is Joint Physical Custody Better for a Child?

This is a very controversial issue, because there are so many factors involved. It is commonly believed that younger children should live with mothers and that children of around the age of 12 (or older), should be given more say in their living arrangements. A few of the many factors used to decide custody arrangements after divorce are:

Fathers' Rights – Research on Custody Rights

A study by Judith Seltzer (University of Wisconsin-Madison) showed that children were better off financially when fathers had joint legal custody. Dads, who saw their children more frequently, were more likely to comply with child support payment schedules. This is a powerful argument in favor of joint physical custody.

As for family relationships, Seltzer also concluded that joint physical custody keeps children’s lives as similar as possible to their pre-divorce situations. And, it's easier for kids, with both a mother and a father in their lives, to have good relationships with peers. Seltzer's research is consistent with fathers' rights groups and their assertion that shared custody is good for kids.

Divorced Fathers and Quality Time

Another study, at Florida State University, concludes that the duration of contact (amount of time) with a father was directly related to a child's adjustment after divorce. In other words, a child who continues to have a good relationship and spend time with his or her father will be happier, and more likely to be well adjusted, after divorce.

Do Dads Give Kids Higher IQs?

Another benefit to a child of joint custody is that children who spend time with their fathers have a higher IQ. Research at the University of Newcastle, UK, says that whether or not a dad lives with his child is not as important as whether or not a dad:

The Newcastle study also contends that children with involved fathers are more likely to rise to a higher income or social class than children raised solely by their mothers. One concern regarding the Newcastle research is that it does not consider whether or not an actively-involved step father, grandfather, or uncle might also raise children’s IQs.

It is important not to read too much into studies. They only give a statistical probability of a good or bad outcome. Every child, every parent, and every family is different. Dads should talk to a divorce lawyer to get help concerning what is best for their children.

The research examples above suggest that a child is more likely to have financial stability, get along with peers, and have a higher IQ in a joint custody situation. These arguments seem to make sense on an intuitive level, but each divorce entails many factors. Joint physical custody where both parents get along is the ideal. Fathers' rights groups really are onto something. Whether or not shared parenting or sole custody is optimal can only be decided on a case by case basis.

Information from this article is not intended to be a substitute for advice from a lawyer, financial planner, therapist, or other professional. Please consult a lawyer or other professional for specific advice.

Seltzer, Judith. Father by Law: Effects of Joint Legal Custody on Nonresident Fathers' Involvement with Children, 1998.

Khan, Urmee. Children Who Spend Time with their Fathers Have a Higher IQ, 2008. telegraph.co.uk

The copyright of the article Fathers' Rights and Joint Custody of Children in Shared Parenting Options is owned by Christina Gregoire. Permission to republish Fathers' Rights and Joint Custody of Children in print or online must be granted by the author in writing.