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Family Models in Germany: Children’s and Parents’ Well-Being in Joint Physical Custody Arrangements

Subject Area Empirical Social Research
Private Law
Term from 2018 to 2023
Project identifier Deutsche Forschungsgemeinschaft (DFG) - Project number 394377103
 
Final Report Year 2023

Final Report Abstract

The objective of the projects "Family models in Germany (FAMOD)" and "Family models in Germany: The well-being of children and parents with joint physical custody"was the first-time examination of joint physical custody (JPC) in Germany. JPC is a new physical custody arrangement in which children live with both parents (almost) equally after separation or divorce. Thus, JPC differs fundamentally from traditional sole physical custody (SPC), an arrangement in which children live only or mostly with one parent - in most cases, the mother - and have either no contact or limited contact with their other parent - in most cases, the father. Given that there was no data with which one could have analyzed the potential consequences of JPC on children’s and parents’ well-being, no scientific knowledge on JPC was available for Germany. To close this research gap, in the first project "Family Models in Germany (FAMOD)", we conducted a quantitative survey of the same name in which 1,554 families participated. Our analyses of the data confirmed the findings of international studies and showed that children living in JPC arrangements did not differ from children living in SPC arrangements with respect to well-being or that they experienced somewhat higher levels of well-being. The results regarding the relationship between physical custody arrangements and the well-being of resident parents was comparable. However, our analyses also showed that the physical custody arrangement did not account for the higher well-being of family member in JPC families. Instead, factors like the parent-child relationships, the quality of co-parenting, and interparental conflict explained the higher levels well-being that we observed in children and parents in JPC families - either fully or partially. Nevertheless, the question remains unanswered as to whether JPC has a positive impact on these factors or whether the better framework conditions in these families are the result of selection processes within post-separation families. From a socio-legal perspective, the open-minded but at the same time cautious approach of the Federal Court of Justice, which by way of further development of the law ("Rechtsfortbildung") has considered the ordering of symmetric joint physical custody to be permissible if this care model proves to be preferable from the perspective of the best interests of the child, although there is no clear legal basis for this in German family law, proves to be justified.

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