Shared Parenting and Never‐Married Families

• DOI: http://doi.org/10.1111/fcre.12113
• Author: Solangel Maldonado
• Date: 01 October 2014
• Published date: 01 October 2014

SHARED PARENTING AND NEVER-MARRIED FAMILIES

Solangel Maldonado

This commentary on the AFCC Think Tank Report identifies the social, legal, and economic barriers to shared parenting

that disproportionately impact never-married, low-income,African American, and Latino parents, including difficulties estab-

lishing parental rights, maternal gatekeeping, lack of access to legal services, and the norm of economic fatherhood. This

commentary argues that, by focusing on divorcing parents to the exclusion of nonmarital families, the Report missed an

opportunity to address the needs of children who are most likely to experience poor outcomes associated with single-parent

families.

Key Points for the Family Court Community:

• Parents who were never married to each other are significantly less likely than divorced parents to share parenting.

• Never married parents are disproportionately racial and ethnic minorities.

• Never married and low-income parents face many obstacles to shared parenting.

• The law does little to facilitate shared parenting of nonmarital children.

• Policy makers should explore how low-income, never married African American parents attempt to share parenting

without formal parenting plans.

Keywords: African American Families;Custody;Latino/Hispanic Families;Low-Income Fathers;Nonmarital Children;

Nonmarital Families;Shared Parenting;and Unmarried/Never-Married Parents.

I am honored to be invited to comment on the AFCC Think Tank Final Report. The Think Tank

comprised the most accomplished and influential researchers and practitioners in their respective

fields. The contributors brought together the best knowledge and tools we have thus far to help us

determine how to maximize the likelihood that children will have meaningful relationships with both

parents postseparation while protecting them from physical or emotional harm. The Report’s conclu-

sions are well supported by the social science research on shared parenting and reflect a deep

understanding of the challenges faced by “renegotiated families.”1Its conclusions that parenting time

decisions should be individualized and that bright line rules are inappropriate even in cases involving

young children, inter-parental conflict, or family violence reflect an understanding of the complexity

of family relationships. The Report’s explanation of the limitations of social science research and the

dangers of using research findings to decide individual cases is particularly valuable. Policymakers

and researchers would be wise to heed the Report’s conclusion that “[s]ocial science research provides

a starting rather than ending point for policy development.”2

Despite the Report’s many strengths, I was disappointed that it did not address the obstacles to

shared parenting faced by the growing percentage of parents who were never married and for

whom there are few legal or social mechanisms to facilitate shared parenting. The Report notes

that paternal absence “has been associated with poorer child and adolescent outcomes” and that

“[s]hared parenting arrangements in studied populations have mitigated these effects and benefited

children’s family relationships, economic stability and social capital.”3Children of never-married,

low-income, AfricanAmerican and Latino parents experience high rates of paternal absence and have

the poorest outcomes on all measures. Yet, these parents are significantly less likely than divorced,

White, middle-class parents to share parenting. Thus, the children who most need parenting arrange-

ments that can mitigate the risk of poor outcomes are the least likely to have access to such

arrangements. Given that nonmarital, low-income, African American and Latino children make up

Correspondence: solangel.maldonado@shu.edu

FAMILY COURT REVIEW,Vol. 52 No. 4, October 2014 632–638

© 2014 Association of Familyand Conciliation Cour ts