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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.
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 "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.
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The custody of a child under the age of five is usually granted to the mother, and for children above five, the court considers the child's welfare as the paramount factor. [32] [33] Muslim Law: For Muslims, custody is governed by the personal laws of the parties involved. Generally, the mother gets custody of children until a certain age ...
In the area of domestic violence, U.S. courts will routinely issue a temporary order of protection (TOP, or temporary protective order, TPO) to prevent any further violence or threat of violence. In family law, temporary orders can also be called pendente lite relief and may include grants of temporary alimony, child custody, and/or visitation.