ABSTRACT
Ten years after it pioneered the no-fault revolution in 1970, California logically extended the egalitarian idea to joint custody of children, thereby dividing the living child in two, and the rest of the nation is racing to follow the leader. Over thirty states have passed statutes bearing on joint custody, and several others have proposals before their legislatures. Joint custody is an appealing concept. It permits the court to escape an agonizing choice, to keep from wounding the self-esteem of either parent and to avoid the appearance of discrimination between the sexes. A continuance of the parent-child relationship for both parents is surely desirable, but joint physical custody is not the general solution. At best it can work for a tiny minority of parents thoroughly committed to it; it can never be the judicially preferred solution, nor should it be imposed by the court upon unwilling partners.
