Family Models in Germany: Children’s and Parents’ Well-Being in Joint Physical Custody Arrangements

• Applicants: Professor Dr. Tobias Helms; Professorin Dr. Anja Steinbach
• Subject Area: Empirical Social Research ; Private Law
• Term: from 2018 to 2023
• Project identifier: Deutsche Forschungsgemeinschaft (DFG) - Project number 394377103

Based on the collection of survey data from 1,500 families and the other comprehensive work in the first project, "Family Models in Germany (FAMOD)", we are planning three substantial expansions for the follow-up project entitled "Family Models in Germany: The Well-Being of Children and Parents in Joint Physical Custody Arrangements." (1) We will investigate children’s well-being in the complex family constellations that are typical for stepfamilies. The structural complexity in separated or divorced families, in which parents have new partners, presents an enormous challenge for all (old and new) family members. However, due to a lack of available data, there are no existing empirical studies on the importance of stepparents or half- and stepsiblings for the well-being of children in families practicing joint physical custody. Moreover, in jurisprudence as well as in case law, the stepparent-stepchild relation is not yet seen as a factor for consideration in court judgements. We will discuss and question this policy within the follow-up project, and, based on the findings from the sociological analyses, we will draw conclusions for jurisprudence on both material and procedural levels. (2) While the first project focused on the well-being of children, we will close another research lacuna by turning to parental well-being in the follow-up project. Because separated and divorced families practicing joint physical custody are usually families in which the child has intensive contact with both parents, we will examine the interactions between the well-being of parents and the well-being of their children. As this aspect has been ignored so far in the discussion of joint physical custody in the law context, we will draw conclusions for jurisprudence based on the findings of our analyses. (3) We will carry out international comparisons. On the one hand, we will perform sociological quantitative empirical analyses. Such a procedure will be possible because data collection in the first project employed instruments that are comparable to those used in other international studies. On the other hand, from a legal point of view we will extend the comparison of German, French, and Belgian legal systems already undertaken to English-speaking countries (England and Australia). The results will be tied back into international comparative sociological analyses.

• DFG Programme: Research Grants