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Custody issues typically arise in proceedings involving divorce, as well as in paternity, annulment, and other legal proceedings in which children are involved. In most jurisdictions the issue of with which parent the child will reside is determined in accordance the best interests of the child standard. [1]
It is usually decided based on the welfare principle, considering the best interests of the child. [34] Parsi Law: Child custody for Parsis is governed by the Parsi Marriage and Divorce Act, 1936, where the court considers the welfare of the child as the main criterion. [35]
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.
This bill is similar to House Bill 492 but addresses permanent custody orders. It created a presumption rebuttable by a preponderance of the evidence that both joint custody and equally shared parenting time is in the best interest of the child and requires the court to enter facts and findings when deviating from shared parenting. Unlike House ...
A rebuttable presumption in favor of shared parenting as being in the best interest of the child, so that this is the default option with exceptions made when there is child abuse or neglect. [7] [20] In 2018, Kentucky became the first state to enact a shared parenting presumption law. [21] [13]
Many states have laws that regulate the appointment of custody evaluators and procedures for evaluation. [3] The Court can order either a full or a focused evaluation. A "full evaluation, investigation, or assessment" is a comprehensive examination of the health, safety, welfare, and best interest of the child. [2]
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