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[1] [2] In the United States, there are two forms of joint custody, joint physical custody (called also "shared parenting" or "shared custody") and joint legal custody. [2] In joint physical custody, the lodging and care of the child is shared according to a court-ordered parenting schedule with equal or close to equal parenting time.
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.
The concept of a child did not exist until Jean-Jacques Rousseau proposed the concept of a child. Children were considered small adults and were treated like adults around the age of 7. [3] Also, in ancient times, it was customary for the mother to have custody of a young child until the child reached the age of 7. [4]
The popularity of shared parenting, or equal parenting time (EPT), has increased greatly in the past ten years. In Spain in 2022, for instance, 'Due to legal reforms, equal parenting time (EPT) laws in Spain now apply to approximately 40% of all divorces.' [4] The frequency of shared parenting versus sole custody varies across countries, being most common in Scandinavia.
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]
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