POSTDECREE LITIGATION Is Joint Custody to Blame? |
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| Authors: | Irene M. Cohen |
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| Affiliation: | Irene M. Cohen, MSW, MSJA (from University of Denver, College of Law), has been involved in divorce education programs and parenting plan development and provides coparent coordination for parents embroiled in high conflict. Her other publications include "Men &Women in Divorce: Contrasts &Similarities" in The Colorado Lawyer (1991), "Divorce Counseling—How Can You Help?" in The Colorado EAP Association Newsletter (1994), and "Attorneys &Mental Health Professionals: Turning Litigants Back Into Parents" in The Colorado Lawyer (1997). |
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| Abstract: | The Joint Custody Symposium Project examined almost 600 court files in five judicial districts to investigate the common perception that joint custody contributes significantly to relitigation rates. Data indicated that joint custody as a factor accounted for only 10.8% of court returns. Financial concerns accounted for the majority of actions. Disputes over child custody appeared to be related to finances as well. Unfortunately, returns to court do not necessarily resolve the financial needs of divorced parents. The findings suggest that children may be used as pawns in court battles over money that are disguised as parenting concerns, as evidenced by the close relationship found between visitation or custody disputes and child support modification filings. |
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