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It is possible for a court to make separate determinations of legal and physical custody. It is common to combine joint legal custody with sole physical custody and visitation, but the opposite is rare. [5] In joint physical custody both parents are custodial parents and neither parent is a non-custodial parent. [2] [6]
A "child-custody determination" is a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. A custody determination can be made through a permanent or temporary order, or as part of an initial custody determination or later modification of a prior custody order.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a Uniform Act drafted by the National Conference of Commissioners on Uniform State Laws in 1997. [1] The UCCJEA has since been adopted by 49 U.S. States , the District of Columbia , Guam , Puerto Rico and the U.S. Virgin Islands .
The term "visitation" is not used in joint physical custody cases, but only for sole custody orders. In joint physical custody, the actual lodging and care of the child is shared according to a court-ordered custody schedule , also known as a parenting plan or parenting schedule .
In the decades leading up to the 1970s child custody battles were rare, and in most cases the mother of minor children would receive custody. [5] Since the 1970s, as custody laws have been made gender-neutral, contested custody cases have increased as have cases in which the children are placed in the primary custody of the father.
Historically, sole custody was the most common form of child custody granted after divorce. [3] Since the 1980s, joint physical custody with shared parenting have become much more common, and in some jurisdictions there is a legislative preference or presumption in favor of joint legal custody, joint physical custody or both.
Supervised visitation bridges the gap between keeping the child safe and supporting the family relationship and parental rights. One constant, worldwide, is that supervised visitation has few legal guidelines as little legislation addresses it directly. However, many courts and state departments have set guidelines regarding supervised visitation.
Granville, 530 U.S. 57 (2000), held that "the interest of parents in the care, custody and control of their children is perhaps the oldest of the fundamental liberty interests recognized by this Court." This includes parents' fundamental right to make decisions concerning the care, custody, and control of their children, see, e. g., Stanley v.
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