The Growth in Shared Custody in the United States: Patterns and Implications

• Published date: 01 October 2017
• Author: Maria Cancian,Daniel R. Meyer,Steven T. Cook
• Date: 01 October 2017
• DOI: http://doi.org/10.1111/fcre.12300

SPECIAL ISSUE ARTICLES

THE GROWTH IN SHARED CUSTODY IN THE UNITED STATES:

PATTERNS AND IMPLICATIONS*

Daniel R. Meyer, Maria Cancian, and Steven T. Cook

We document the dramatic decline in the United States of mother sole custody arrangements following divorce. Our empirical

analysis uses Wisconsin court records data spanning more than two decades (1988–2010). Updating earlier analyses that

showed significant increases in shared custody, we estimate that shared custody (where children spend at least 25% of time

with each parent) has now replaced sole-mother custody as the most common post-divorce parenting arrangement—accounting

for just over half (50.3%) of all cases in the most recent cohort available. We discuss the institutional context for these changes

in custody in the United States, the sociodemographic factors associated with custody outcomes, and the implications for

policy and practice.

Key Points for the Family Court Community:

Shared custody has increased markedly so that it is now the most common custody outcome in recent Wisconsin

divorces, according to court records.

It has also become more common across a diverse range of demographic groups.

Equal-shared custody is twice as likely as unequal-shared custody (mostly mother primary-shared custody) in recent

cohorts—reflecting the growing involvement of fathers in their children’s lives after separation.

In contrast to previous research, shared custody is now unrelated to child age and gender.

Income remains an important predictor, with shared custody more likely among those with higher incomes.

With shared custody becoming more common and demographically diffuse, it is increasingly important for the family

court community to help parents understand the benefits and risks of this rapidly expanding family form.

Keywords: Co-Parenting; Divorce; Father Involvement; Shared Custody; and Single Parents.

I. INTRODUCTION

Patterns of family formation in the United States have changed dramatically over the last 50 years.

In 1960, 88% of children lived with both biological parents. By 2016, the growth in non-marital

births, cohabitation, and divorce reduced this figure to 69% (U.S. Census Bureau, 2016). These

changes in family organization coincide with related changes in economic relations and the gendered

division of labor. The labor force participation rate of married mothers with young children rose dra-

matically—from 30.3% in 1970 (Waldman, 1983) to 64.2% in 2015 (U.S. Department of Labor,

Bureau of Labor Statistics, 2016). Working wives increasingly have earnings roughly comparable to

or exceeding their husbands’ (U.S. Department of Labor, Bureau of Labor Statistics, 2014), and

while mothers continue to have more responsibility for childcare than fathers, married fathers’ time

with children has increased significantly (Sandberg & Hofferth, 2001; Sayer, Bianchi, & Robinson,

2004). Moreover, father involvement is increasingly seen as a positive factor in children’s develop-

ment (Cabrera & Tamis-LeMonda, 2013; Lamb, 2000).

Changes in family formation and economic roles have had implications for policy and practice

related to where children live when their parents divorce. Divorce decrees typically specify living

Correspondence: drmeyer1@wisc.edu; cook@ssc.wisc.edu; maria.cancian@wisc.edu

FAMILY COURT REVIEW, Vol. 55 No. 4, October 2017 500–512

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C2017 Association of Family and Conciliation Courts