Why Children of Divorced Parents Benefit from Shared Custody

 

This blog post is from Desiree Pellino, current Regent Family Law student:

 Around half of all United States children experience the divorce of their parents. According to the American Psychological Association, 40 to 50 percent of all marriages in the United States will end in divorce. The divorce rate for subsequent marriages is even higher. Additionally, the divorce rate among Christian and secular households is about the same as the national average. These divorce statistics should highlight how prevalent child custody issues are in the United States.

 

Divorce that leads to happier parents with two stable homes can often be better for children than unhappy, unsteady family life in a single home. Shared custody of children that establish family routines and provide for one-on-one time with their parents individually communicates to children that they are loved by both parents unconditionally. Dr. Richard Warshak, clinical professor of psychiatry, conducted  studies examining families in the United States and abroad and found that “children who spend at least 35 percent time with each parent, rather than live with one and visit the other, have better relationships with their fathers and mothers and do better academically, socially, and psychologically.” This study essentially emphasized that any form of joint/shared custody ensures a better outcome for children of divorced parents than sole custody due to its ability to focus on both parents' relationships with the children by maximizing the time both parents can actively be involved in their children’s lives.

 

Despite the benefits of shared custody, the National Parents Organization reported that approximately 85 percent of the time courts award sole or primary custody nonetheless. However, in 2018, Virginia passed its first shared parenting bill, HB 1351. This law now requires the court to formally consider shared custody on par with sole custody and emphasizes that there is no presumption in favor of any one form of custody. Va. Code. § 20-124.2.

 

Bills like HB 1351 have paved the way for courts to start looking at child custody in a new light. If fundamental change is to be seen, however, shared custody has to stop being considered a burden on parents and instead viewed as a custody arrangement in the best interest of the child.  Family restoration requires that children continue whenever possible a good relationship with lots of time with both parents.