How were decisions made about arrangements for children?

For over a hundred years, decisions were made with parental rights in mind, using the words custody and access.

What is custody and access?

Custody is the right to make decisions affecting the child’s welfare whereas access is the right to visit with the child.

What was the norm in the past?

The norm was for one parent to have sole custody; have the child live with them; make all the decisions concerning the child’s welfare; and the other parent has rights to see the child. 

Why is the term “custody”confusing?

The word “custody” implies possession; therefore; “joint custody” would suggest equal sharing of time with the child when, in fact, it means equal sharing of decision-making authority only. 

How have the courts changed their perspective?

There has been a shift away from “rights of the parents” toward the “right of the child” to see both parents. The older terminology suggests an adversarial approach to parenting.

What is the newer terminology for custody and access? 

“Parenting time”  and “decision-making responsibility” have replaced these older terms. Parenting time is the time a child spends in the care of a parent while decision-making responsibility is the responsibility for making significant decisions about the child’s well-being.