Frequently Asked Questions About “Shared Parenting”

The Concerned Citizens for Children’s Rights Committee opposes the proposed initiatives on custody and family law.

Q. Isn’t the term “shared parenting” just another way to say that both of the child’s parents have the right and obligation to participate in raising the child?
A. No. “Shared parenting” is another term for joint legal and physical custody. This is a particular type of custody arrangement in which typically children spend half of each week with each of the parents and in which the parents make shared decisions about all matters pertaining to the child’s welfare.

Q. Is spending time with both parents the biggest factor in how well a child will adjust to divorce?
A. No. The weight of evidence does not support the view that higher levels of non-custodial parent contact are automatically or always beneficial to children. A comprehensive review of the literature conducted by a Washington State panel on “shared parenting” showed that the single most important determinant of child well-being after divorces is living in a household with adequate income. This was followed closely by levels of parental conflict, the well-being of the custodial parent, neighborhood quality and frequency of moves. (1)

Q. Is the Concerned Citizens for Children’s Rights Committee opposed to “shared parenting” arrangements in all circumstances?
A. No. Shared parenting may be a very good option for divorcing parents in low conflict situations. However, its adoption as a presumption, with or without a domestic violence exception, will have devastating consequences for victims of domestic violence and their children. By contrast, current custody law allows for orders of joint custody/shared parenting in appropriate situations and provides appropriate safe guards for victims and their children.

Q. Is a change in law necessary for a court to issue an award of joint legal and physical custody?
A. No. Current North Dakota law has no presumption either for or against joint custody and essentially directs a case by case analysis to arrive at a custody arrangement that is “in the best interests of the child”. Our current laws provide an array of custodial options that can both provide necessary protections for children who are at risk and accommodate parents who desire to engage in a shared parenting arrangement.

Q. What would be the impact of the proposed initiatives on child support?
A. The proposed initiatives erase our current child support system. They limit child support to “actual costs” for “basic needs.” These terms are not clearly defined, and are open to wide interpretation. Many non-custodial parents, especially parents of special needs children, may actually end up paying much more than they do now. In addition, the initiatives propose eliminating all penalties for not paying child support. This would leave the responsible parent no recourse should the irresponsible parent choose not to pay. What happens to the children then? In addition, the proposed initiatives would cost the state of North Dakota millions in federal child support and Temporary Assistance for Needy Families (TANF) funds over the next biennium.

Produced by:
The Concerned Citizens for Children’s Rights Committee
Robert “Tork” Kilichowski
Secretary-Treasurer









For more information on this issue or to find out how you can take action to promote public policy that supports the best interest of the child log onto our website at http://ndchildrenscaucus.org and click on the Concerned Citizens for Children’s Rights committee link.


(1) Lye, Diane N.
Washington State Parenting Act Study, Scholarly Research on Post-divorce Parenting and Child Well-Being, June 1999