The History of Child Custody Arrangements
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Southern New Hampshire University *
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205
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History
Date
Dec 6, 2023
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docx
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3
Uploaded by kristawehr
The History of Child Custody Arrangements 1
3-3 Short Paper
The History of Child Custody Arrangements
Krista Wehr
Southern New Hampshire University
THE HISTORY OF CHILD CUSTODY ARRANGEMENTS
2
A brief overview of how child custody arrangements have evolved over the years.
A discussion of the cultural changes that have affected the evolution of child custody in
the United States, making sure to explain how specific societal changes influenced legal
custodial arrangements.
A summary of the current trends in child custody arrangements in the United States.
The family court system for child custody arrangements has over time evolve throughout
history as there has been procedures that were set in place, that now have been changed to what
they are today. Through the divorce process there are many issues that arises, causing distress
within the homes as children of separated or divorced parents feels this so it’s important that
family dynamic stay positive as best as they can to keep the child feeling calm. In a high stressful
divorce, it may be best for the court’s advocate, the forensic psychologist and possibly other
figures like GAL to investigate and establish what would be the best possible living arrangement
for the children of divorcing parents.
Because divorce is a legal process, when it occurs the care of and responsibility for children
are divided between both parents via a legal agreement. Since at least the late 1800s, mothers in
the United States have been much more likely than fathers to be awarded sole physical custody
of children, although that appears to be changing, at least in some locations. In the 1980s 2% of
divorce cases were awarded equal shared physical custody. This increased to 6% early 1990s,
and the next two decades equal shared custody cases increased dramatically to 35% by 2010.
Unequal shared custody has also increased from 8% of divorce cases in 1986–1987 to 18% in
2008, and then leveled off at 15% in 2010.
THE HISTORY OF CHILD CUSTODY ARRANGEMENTS
3
The court will normally order for the couples to attend mediation which can be very hard for
a survivor of domestic abuse, having to sit with someone and negotiate when that person has
already controlled every aspect of your life, is a hard thing to do especially when the mediator
who is going to be making the decisions that affect your life and your child’s life until they are
grown. But mediation does not always help as the abuser does not want to lose control, they will
not agree to anything that has been brought to the table, so therefore it goes to trial.
The likelihood of shared custody has more than doubled nationally, with this by increasing
from 13% of divorces before 1985 to 34% of divorces in 2010–2014. This puts the United States
with the highest rates of shared physical custody after divorce. Which I do not agree with,
depending on the reasons why behind the divorce such as domestic violence, family violence, I
believe that the children should feel safe and with this have sole parental responsibility,
supervised visitation with the child(s) after showing proof to the courts that they have
successfully completed anger management, and show that they are getting help through a
therapist.
References:
DEMOGRAPHIC RESEARCH VOLUME 46, ARTICLE 38, PAGES 1137-1162 PUBLISHED
22 JUNE 2022. Research Article: Increases in shared custody after divorce in the United States
Written By: Daniel R. Meyer, Marcia J. Carlson, Md Moshi Ul Alam.
https://www.jstor.org/stable/48677053?seq=1
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