The Defining Line of Divorce: Mothers may no Longer Receive Sole Custody

Mother-sole custody cases may be a thing of the past, according to recent analysis conducted by researchers from the University of Wisconsin-Madison.

A look at the past 20 years of custody cases revealed that shared custody cases seem to be the norm these days in both divorce and non-marital types.

Though conformed gender norms had given mothers sole-custody throughout most of the twentieth century, marking the "best interest of the child," the turn of the millennium shows more gender-neutral stances, encouraging the involvement of both parties.

Maria Cancian of the university and her colleague Daniele Meyer published their first study results in 1998, based on an analysis of all Wisconsin Court Records involving minor children in divorce cases between 1986 and 1994.  Findings showed a drop in the proportion of mothers who were granted sole custody, from 80 percent in 1986, to 74 percent in 1994. Findings also showed that shared custody cases rose from 7 percent to 14 percent

More recent court records up until 2008 of about 10,000 divorce cases showed that the changes from 80 percent in 1986 went to 42 percent in 2008.

"This decline is largely mirrored by a dramatic increase in shared custody," the researchers noted, via a press release. "Equal shared custody, in which children spend an equal number of nights with both parents, increased from 5 percent to 27 percent, while unequal shared custody increased from 3 percent to 18 percent."

As researchers discussed this significant milestone regarding divorce judgments and gender, they also noticed that little change has been made regarding father sole-custody: 11 percent in 1988 against 9 percent in 2008.

Shared custody also remains more likely for higher income families. Gender and age, on the other hand, do not hold much weight as a determinant.

"Overall, the trend away from mother-sole custody and toward shared custody is dramatic, representing a substantial change in the living situations of children of divorce over a relatively short period," Cancian concluded, via the release.

More information regarding the findings can be seen via the journal Demography.