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Child custody consists of legal custody, which is the right to make decisions about the child, and physical custody, which is the right and duty to house, provide and care for the child. [1] Married parents normally have joint legal and physical custody of their children.
In joint physical custody both parents are custodial parents and neither parent is a non-custodial parent. [2] [6] Joint custody is distinct from sole custody. In sole physical custody, the child's lives primarily in the home of one parent while the children may have visitation with the other parent. In sole legal custody, one parent is ...
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.
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] Kentucky is the only state with a legal rebuttable presumption in favor of joint physical custody. [19] [20]
Shared parenting, shared residence, joint residence, shared custody, joint physical custody, equal parenting time (EPT) is a child custody arrangement after divorce or separation, in which both parents share the responsibility of raising their child(ren), with equal or close to equal parenting time. [1]
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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