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Do Joint Parenting Laws Make Any Difference?

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  • Douglas W. Allen
  • Margaret Brinig

Abstract

Using a unique data set on divorcing couples, we analyze the effects of a change in legal entitlement on the outcomes for divorcing couples. In particular, we analyze the 1997 change to custody provisions in the State of Oregon. Prior to 1997, Oregon assigned custody, based on the discretion of the court, in the best interests of the child. This was changed to a “presumption” of joint parenting, which manifests in the courts encouraging and imposing joint (or shared) custody in cases that otherwise would have had sole custody arrangements. We find that the law had several implications for divorce behavior: different custody outcomes (less sole custody to mothers, more sole custody to fathers), more mediation, longer times until the final divorce, and more acrimonious divorces (more abuse actions filed). We find no evidence that spouses attempted to bargain around the change of legal entitlement.

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  • Douglas W. Allen & Margaret Brinig, 2011. "Do Joint Parenting Laws Make Any Difference?," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 8(2), pages 304-324, June.
    • Handle: RePEc:wly:empleg:v:8:y:2011:i:2:p:304-324
    DOI: 10.1111/j.1740-1461.2011.01210.x
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    1. An Katrien Sodermans & Koen Matthijs & Gray Swicegood, 2013. "Characteristics of joint physical custody families in Flanders," Demographic Research, Max Planck Institute for Demographic Research, Rostock, Germany, vol. 28(29), pages 821-848.
    2. Duha T. Altindag & John Nunley & Alan Seals, 2017. "Child-custody reform and the division of labor in the household," Review of Economics of the Household, Springer, vol. 15(3), pages 833-856, September.
    3. Fernandez-Kranz, Daniel & Nollenberger, Natalia, 2022. "The impact of equal parenting time laws on family outcomes and risky behavior by teenagers: Evidence from Spain," Journal of Economic Behavior & Organization, Elsevier, vol. 195(C), pages 303-325.
    4. Daniela Vuri, 2018. "Joint custody law and mothers’ labor market outcomes: evidence from the USA," Journal of Population Economics, Springer;European Society for Population Economics, vol. 31(4), pages 1203-1237, October.
    5. Allen, Douglas W. & Brinig, Margaret, 2012. "Child support guidelines and divorce incentives," International Review of Law and Economics, Elsevier, vol. 32(3), pages 309-316.

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