Shared parenting in child custody decisions

The concept of shared parenting, or the practice of ensuring a child receives as much time with both divorced parents as possible, is quickly gaining ground in Wisconsin and elsewhere. While courts are not supposed to prefer one gender over the other when making child custody determinations, in practice it is the mother who is most often awarded physical custody. However, the idea of shared parenting as a presumptive court order is becoming more prevalent, signaling a possible move away from the current custody system.

Census data shows that 83 percent of custodial parents are women, and fathers are often limited to prescribed periods of visitation. Many states are considering legislation to combat these trends and allow both parents to have more time with their children.

Children who share time with each parent after a divorce are less stressed, according to a recent study. An analysis from the National Parents Organization ranked all 50 states according to their child custody laws on the basis of shared parenting. Half the states received a grade of D or less, and no states received an A grade. New laws being considered in several states would allow noncustodial parents to spend more time with their children, while at least one other state is looking at legislation that would make 50/50 parenting the presumed court order.

When considering possible parenting plans, the best interests of the children must be taken into account. Each parent should retain their own counsel, and the child or children may be assigned a guardian ad litem to speak on their behalf. An attorney for a divorcing parent might consider the differing schedules, income levels and relative physical and emotional health of both parties in negotiating a child custody agreement for parental consideration and judicial approval.