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Joint legal custody can be combined with either joint physical custody or with sole physical custody and visitation rights. In a custody order, it's common for one parent to have physical custody and the other parent to have some sort of visitation rights, but legal custody is awarded separately.
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 .
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. [5]
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.
Both guardianship and custody describe legal relationships between an adult and a child. Custody refers to a child’s biological parents, whereas guardianship would be given to a non-biological ...
In the event of the breakdown of the relationship between a minor child's parents, a court may define or modify a parent's access rights to the child within the context of proceedings for legal separation, annulment, divorce or child custody. Custody and access rights may be established in other manners, such as adoption or legal guardianship.
Child custody is a legal term regarding guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. 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 ...
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