Joint Custody_ Bonding and Monitoring Theories.pdf
Introduction
Like everything else in divorce, custody often seems a zero-sum game in which one spouse wins and the
other loses. Time enjoyed with children, which used to be shared, must now be divided. Traditionally, the
division was a very sharp one, with one parent awarded sole custody and the other restricted to
circumscribed visitation rights. More recently, however, joint-custody awards have become more common.
Under joint custody, parents share access to children and child-rearing responsibilities.
Proponents of joint custody argue that it eases the pain of divorce for children. For the child, sole custody
may seem like the death of the noncustodial parent, and in many respects it is just that. The child will lose
his guidance and emotional support, and not infrequently his financial support as well. Joint custody, though
by no means as beneficial for the child as a continued marriage, eases these burdens, and better prepares
the child for life as an adult.
This Article discusses two possible benefits of joint custody. Under bonding theories, fathers permit
themselves to grow more attached to children when they do not fear a complete break with them on divorce.
With the increased emotional ties, divorce becomes less likely. This greatly benefits children, as divorce is
one of the greatest tragedies which can befall them.
Under monitoring theories, joint custody addresses an agency-cost problem that arises under sole custody.
The noncustodial parent cannot easily see how his financial contributions are spent, and therefore assumes
the risk that some moneys will be misspent. With joint custody, by contrast, the parent can monitor for such
problems through his increased access and responsibility.(2)
We tested bonding and monitoring theories of joint custody through regression analysis. We first regressed
divorce levels on joint custody and socioeconomic predictors, and found that joint-custody laws are
significantly correlated with lower divorce rates, as predicted by bonding theories. We then regressed childsupport-
payment ratios on legal and socioeconomic predictors, and found that joint-custody laws are
significantly correlated with higher child-support ratios, as predicted by monitoring theories. These results are
robust under various estimation techniques and different independent variables.
We do not suggest that our findings are dispositive. More research is needed on the relation between jointcustody
laws, child support, and divorce. In addition, the reduction in divorce levels may not be benign if
wives stay in abusive relationships lest they lose partial custody of their children under joint custody. This too
suggests an agenda for further empirical research.Joint Custody: Bonding and Monitoring Theories
Part I of the Article describes the evolution of custody law, and the recent move to joint custody. Part II
discusses criticisms of joint custody, and Part III offers a bonding and monitoring defense of it. Our empirical
tests are described in Part IV, and we conclude in Part V. |
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