Maccoby and Mnookin
On Joint Custody
By Trish Wilson, © 2002.
All rights reserved by author
"[M]aternal custody arrangements appear to be
more stable than other arrangements: children who live with their
mother after divorce are more likely to remain in this arrangement
during the first three to four years after separation, while over half
of the children who start out by spending time in each parent's
household or who start out living with their father make at least one
change (Maccoby & Mnookin, 1992)... "
Eleanor Maccoby and Robert Mnookin
"In the large majority of divorcing families,
both parents have been involved with the children on a daily basis.
Simple continuity with the past, in terms of the roles of the two
parents in the lives of the children, is hardly possible. The
relationship between parents and children must change markedly." (Page
1 in Dividing the Child)
" the coparental relationship between divorced
parents is something that needs to be constructed, not something that
can simply be carried over from pre-separation patterns. It takes times
and effort on the part of both parents to arrange their lives in such a
way that the children can spend time in both parental households "
(Page 276 in Dividing the Child)
"Only a minority of our families--about 30
percent were able to establish cooperative coparenting relationships.
Spousal disengagement, which essentially involved parallel parenting
with little communication had become the most common pattern about a
quarter of our families remained conflicted at the end of three and a
half years."
(Page 277 in Dividing the Child)
"While our study did not attempt to measure the
impact of coparenting relations on the well-being of children, the
results of the follow-up study of the adolescents in our sample
families, as well as the research of others, makes us confident that
there are important effects. Children derive real
benefits--psychological, social, and economic--when divorced parents
can have cooperative coparenting relationships. With conflicted
coparental relationships, on the other hand, children are more likely
to be caught in the middle, with real adverse effects on the child."
(Page 277 in Dividing the Child)
"A more radical alternative to the present best
interests custody standard is a presumption in favor of joint physical
custody. We oppose such a presumption. We are deeply concerned about
the use of joint physical custody in cases where there is substantial
parental conflict such conflict can create grave risks for children. We
do not think it good for children to feel caught in the middle of
parental conflict, and in those cases where the parents are involved in
a bitter dispute we believe a presumption for joint custody would do
harm . . . We wish to note, however, that joint custody can work very
well when parents are able to cooperate. Thus we are by no means
recommending that joint custody be denied to parents who want to try
it."
(Pages 284-285 in Dividing the Child)
Fewer child support awards are ordered in joint
physical custody cases; there is a greater income differential between
fathers' households and mothers' households post-divorce in joint
custody situations than in sole custody situations; and fathers with
joint custody are more likely to have higher incomes relative to their
ex-wives than fathers in situations of maternal custody.
Maccoby, E.
E., & Mnookin, R. H. (1992). DIVIDING THE CHILD: SOCIAL AND LEGAL
DILEMMAS OF CUSTODY. Cambridge, MA: Harvard University Press.
"In a large California study, Maccoby and Mnookin
(1992) found that joint custody is sometimes used to resolve custody
disputes. They found that joint custody was awarded in about one-third
of cases in which mothers and fathers had each sought sole custody. And
the more legal conflict that occurred between parents, the more likely
joint custody was to be awarded. Three and one-half years after
separation, these couples were experiencing considerably more conflict
and less co-operative parenting than were couples for whom joint
custody was the first choice of each parent."
Amato, Paul
R., Citing Maccoby and Mnookin. Contact With Non-custodial Fathers and
Children's Wellbeing, "Family Matters", No. 36, Dec, pp. 32-34,
Australian Institute of Family Studies, Melbourne, Australia.
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