近年來，由於經濟的發展和社會的變遷，中外的家庭結構均有明顯的變化，當 面對越來越多的離婚案件，法律究應以何種態度來保護當事人之權益呢？尤其為更多的子女 監護問題出現，目前我國有關法令是否足夠周詳呢？謹以本文簡介美國離婚後子女共同監 護制度之歷史淵源，立法精神和最近的法律發展，希盼能提供美國有關經驗作為我國立法 和修法時之參考，並喚起臺灣各界對離婚時子女權益之重視與最大之考量。 Today, both Western society and Taiwanese society not only have significant changes in their family system, but also dramatic increase in the amount of divorces. As a result of the increasing divorce rate, the future of many children of both societies is being decided in courtrooms, This study was supported by 1991 grants from the Chiang-Ching-Kuo Foundation for International Scholarly Exchange. With the advice of Professor Harvey C. Couch of Tulane Law School, the concept of joint custody in the United States was introduced in an attempt to understand what the law can do to protect and improve the well-being of the child in child custody disputes. It is hoped that the information gained by this study will aid in understanding joint custody, so that professionals and families will be better informed when deciding among child custody alternatives.
