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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.
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.
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.
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.
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In 2017 Kentucky drafted House Bill 492, which addressed temporary custody orders. This bill established that if both parents agreed on a temporary order, the court would presume that is the best arrangement for the child and that if they did not agree, the court would presume the parents should share the temporary custody equally.
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