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.
The definitions used here, according to Nolo.com, are:
- "Sole Custody: An arrangement whereby only one parent has physical and legal custody of a child and the other parent has visitation rights.”
- "Joint Custody: An arrangement by which parents, who do not live together, share the upbringing of a child. Joint custody can be joint legal custody (in which both parents have a say in decisions affecting the child) or joint physical custody (in which the child spends a significant amount of time with both parents)."
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:
- Age and gender of the child
- Emotional ties between parent and child
- Emotional ties between siblings and child
- Each parent's involvement in caring for the child
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:
- Spends time with daughters as well as sons
- Reads with his children
- Attends organized outings, such as: Sports, Boy or Girl Scout events, dance recitals, or school field trips
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.
Divorce Study
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.
Note: 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.
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Resources:
Seltzer, Judith. Father by Law: Effects of Joint Legal Custody on Nonresident Fathers' Involvement with Children, 1998.
Alexander, Sharon, M.A. Protecting the Child's Rights in Custody Cases, 1977
Khan, Urmee. Children Who Spend Time with their Fathers Have a Higher IQ, 2008. telegraph.co.uk
Christina Gregoire - Christina Gregoire writes about divorce, fashion, and baby boomers. Her forte is explaining complex ideas in simple language.
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