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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.
For an example of #1, the parents divorce in Texas, and the mother and children move to Mississippi. The father continues to live in Texas and the children maintain a significant connection to Texas by visiting Texas often and spending their summers there. Three years later the father filed suit in Texas to modify custody.
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.
Joint custody is a court order whereby custody of a child is awarded to both parties. [1] [2] In the United States, there are two forms of joint custody, joint physical custody (called also "shared parenting" or "shared custody") and joint legal custody. [2]
In 2022, Younger petitioned the Supreme Court of Texas to block Georgulas from moving with the children to California (which had recently passed a "trans sanctuary state" bill), but the court dismissed his petition. In 2024, a California judge awarded Georgulas full custody and medical authority over their daughter.
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.
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