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[1] [2] The visitation term is not used in a shared parenting arrangement where both parents have joint physical custody. [ 3 ] Unsupervised visitation is the most common type, when the parent may take the child to his or her home or enjoy any outing with the child.
Sole custody, an arrangement whereby only one parent has physical custody of the child. The other non-custodial parent would typically have regular visitation rights. [5] Joint physical custody, a shared parenting arrangement where both parents have the child for approximately equal amounts of time, and where both are custodial parents. [5]
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]
In the United States, joint legal custody is common while joint physical custody is rare. [18] According to a 2005/06 survey, about 5 percent of American children ages 11 to 15 lived in a joint physical custody arrangement versus sole physical custody. [ 11 ]
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.
A legal consideration requires the court to consider a specific type of custody, but adds no preference or presumption for it. Joint physical custody vs 50/50 parenting time: Different jurisdictions have differing definitions for joint physical custody. Many don't specify how much time must go to each parent to be considered joint (as opposed ...