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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.
Law West Virginia 2019 HB2046: Foster (R) 7 (R), 1 (D) Presumption, joint To House Seniors, Children, and Family Issues (2019-01-09) Pending West Virginia 2019 SB474: Azinger (R) Presumption, joint To Judiciary (2019-01-30) Pending Wisconsin 2000 1999 Wisconsin Act 9 (Budget) Presumption, joint custody is in a child's best interest Passed Passed
Troxel v. Granville, 530 U.S. 57 (2000), is a case in which the Supreme Court of the United States, citing a constitutional right of parents to direct the upbringing of their children, struck down a Washington law that allowed any third party to petition state courts for child visitation rights over parental objections.
Despite the official passage of these laws, very few parents sought the enforcement of these laws by the courts, with one study finding only 58 reported cases in the years between 1933 and 1963. In the 1980s and 1990s, most provinces included the old filial responsibility laws in their reformed family laws.
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.
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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. A ...
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