Allen A. Glass, P.C.
1711 West Nickerson Street
Suite A
Seattle, WA 98119
(206) 217-0600
Joint Custody
General Findings of the Lye Report
The evidence reviewed here does not reveal any particular
post-divorce residential schedule to be most beneficial for children.
There are no significant advantages to children of joint physical
custody, but also no significant disadvantages to children of joint
physical custody or of any other post-divorce residential schedule.
The weight of evidence does not support the view that higher levels of
child-nonresidential father contact are automatically or always
beneficial to children. However, the weight of evidence also does not
suggest that, absent parental conflict, high levels of
child-nonresidential parent contact are harmful to children.
Parental conflict is a major source of reduced well-being among children
of divorce. Research indicates that joint physical custody and frequent
child-nonresidential parent contact have adverse consequences for
children in high-conflict situations. Joint physical custody and
frequent child-nonresidential parent contact do not promote parental
cooperation.
Increased nonresidential parents’ involvement in their children’s lives
may enhance child well-being by improving the economic support of
children. This conclusion only holds if child support decisions are made
independent of residential time decisions, and continuing nonresidential
parent involvement does not expose children to continuing parental
conflict.
Expert Opinion on Joint Custody
The consensus of expert opinion underlying the Lye Report, is that joint custody should be an exception rather than a rule.
"However, like all the other divorce experts, Braver concludes that
joint physical custody (50/50 or shared parenting) is rarely in the best
interests of children and that a presumption of shared parenting would
be poor public policy."
Lye Report @ 4-24 of Lye Report.
Parenting takes on one of three structures after parents separate:
1. conflict parenting
2. parallel parenting
3. cooperative parenting
There is a consensus of expert opinion that joint custody is most appropriate in a cooperative parenting structure and is inappropriate in a conflict parenting structure.
Conflict Parenting
“Sadly, when joint custody is imposed by the court on families
fighting over custody of children the major consequences of the fighting
are shifted onto the least able members of the family—the hapless and
helpless children. The children can suffer serious psychological injury
when this happens.“ Wallerstein @ 4-25 of Lye Report
“Dual residence arrangements appeared to be more harmful when parents
were in high discord than were sole residence arrangements. In contrast,
adolescents in dual residence arrangements where there was cooperative
communication between parents benefited more than did adolescents in
sole residence arrangements.” Joan Kelly @ 4-27 of Lye Report
Parallel Parenting
Without coordination, and without a structure in which each parent has
the means to compel the other to engage in appropriate behaviors and
make investments in their children, joint custody is hardly akin to an
intact family. Joint custody is at least as likely as alternative
custody arrangements are to result in diffusion of responsibility for
the child. When both take responsibility it is tantamount to neither
doing so.” Friedman @4-27 of Lye Report
Cooperative Parenting
Cooperative parenting is the only parenting structure that is in the
child’s best interests. It occurs in about 30% of the time. Maccoby &
Mnookin @ 4-24 of Lye Report
Copyright © 2007 Allen A. Glass, P.C. All rights reserved.