Impact of Joint Physical Custody and Best Interest of the Child: Reflections from a Critical Review of Empirical Studies

ABSTRACT

The main goal of this study is to perform a critical literature review of empirical research that measures the effects of joint physical custody (JPC) on children’s and parents’ wellbeing from a sociological perspective. Its focus is Spain in the scope of the Second Demographic Transition (SDT). The studies reviewed show no consensus on terminology that best expresses the condition of JPC, definition of the concept of JPC, or what it is meant by best interest of the child (BIC). A systematic search was performed to locate publications on Spain from 2015–2020. The review shows that the vast majority of JPC resolutions are granted to a specific family profile: highly educated parents who have experienced a low level of family conflict. The review of theoretical antecedents raises the following unanswered questions: Is SDT culture determining the progress of the legal system? Does existing law benefit a specific segment of the parent population? Is a correspondence occurring between family change, jurisprudence, and family and economic policies that benefits children and parents? This study highlights the need for consensus in defining the concepts of JPC and BIC, as well as the measures and methodology to be applied to analyze them.

KEYWORDS:

• Second demographic transition
• joint physical custody
• children’s wellbeing
• parents’ wellbeing
• empirical studies
• best interest of the child

Acknowledgments

Our sincere thanks to Professor Jose Manuel De Torre Perea and his team for their invitation to participate in the International Scientific Conference on Best Interest of the Child and Shared Parenting, held December 2-3, 2019 in Málaga, Spain.

This article has benefited from the inspiring ideas of our colleagues who specialize in this field, especially from discussions with Montse Solsona, Lluís Flaquer, Gerardo Meil, and Jose Manuel Torres Perea at the above-mentioned international meeting, with the support of the International Shared Parenting Council.

Disclosure statement

No potential conflict of interest was reported by the author(s).

Additional information

Funding

This work was supported by the Ministry of Science, Innovation and Universities, European Union/FEDER (Reference: RTI 2018-099666-B-100) and Research National Agency Ministry of Science, Innovation and Universities, European Union/FEDER and Research National Agency Grant reference number: RTI [099666-100-B]