Co-Parenting Revolution: How Shared Custody is Reshaping American Families
"Discover the rising trend of shared custody in the United States and what it means for parents, children, and the future of family dynamics."
The American family is evolving. Once upon a time, the standard image was two biological parents under one roof, but that picture has been dramatically altered over the last half-century. In 1960, 88% of children lived with both biological parents. By 2016, that number had declined to 69%, thanks to a surge in non-marital births, cohabitation, and, yes, divorce (U.S. Census Bureau, 2016).
This shift in family formation mirrors changes in gender roles and economic realities. Mothers are increasingly participating in the workforce, with labor force participation rising from 30.3% in 1970 to 64.2% in 2015 (U.S. Department of Labor, Bureau of Labor Statistics, 2016). Working wives are also earning salaries comparable to or even exceeding their husbands’ (U.S. Department of Labor, Bureau of Labor Statistics, 2014). Fathers are becoming more involved in childcare (Sandberg & Hofferth, 2001; Sayer, Bianchi, & Robinson, 2004). All of these changes have significantly influenced what happens when parents decide to divorce, especially concerning where the children live.
Divorce decrees now often specify living arrangements in detail, and physical custody (where the child lives) has become a focal point. Shared custody, where children spend a significant amount of time with both parents, has been gaining traction. This article dives into the growing trend of shared custody in the United States, exploring the factors driving its rise, its implications for families, and what it means for the family court community.
The Rise of Shared Custody: A New Norm?
For much of the 20th century, the "tender years doctrine" prevailed, assuming young children, especially, were best cared for by their mothers (Emery, 1994). Maternal custody was enshrined in some statutes (Kelly, 1994). However, as mothers increasingly joined the workforce and fathers took on more caregiving responsibilities, this doctrine began to fade. States began to reformulate policies, replacing gender preferences with the "best interests of the child" principle (Buehler & Gerard, 1995; Kelly, 1994).
- Shared custody has increased markedly; it is now the most common custody outcome in recent Wisconsin divorces, according to court records.
- It has become more common across a diverse range of demographic groups.
- Equal-shared custody is twice as likely as unequal-shared custody in recent cohorts.
- Shared custody is now unrelated to child age and gender. Income remains an important predictor.
Implications and Future Directions
This shift has significant implications for social policy. Traditional tax and transfer programs often assume a constant family size, but many children of divorce now live substantial amounts of time with each parent, making family size variable. Our data highlights the need for policymakers to reexamine how programs define families. It’s increasingly important for the family court community to help parents understand the benefits and risks of shared custody and to craft child-responsive parenting arrangements. More data is needed to fully understand the factors contributing to custody outcomes and their implications for family well-being.