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A parenting plan is a child custody plan that is negotiated by parents, and which may be included in a marital separation agreement or final decree of divorce. [1] [2] Especially when a separation is acrimonious to begin with, specific agreements about who will discharge these responsibilities and when and how they are to be discharged can reduce the need for litigation.
Custody evaluation (also known as "parenting evaluation") is a legal process, in which a court-appointed mental health expert or an expert chosen by the parties, evaluates a family and makes a recommendation to the court for custody matters, usually including residential custody, visitation and a parenting plan. When performing the custody ...
Joint physical custody, or shared parenting, means that the child lives with both parents for equal or approximately equal amounts of time. In joint custody, both parents are custodial parents and neither parent is a non-custodial parent. [ 10 ]
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.
Historically, sole custody was the most common form of child custody granted after divorce. [3] Since the 1980s, joint physical custody with shared parenting have become much more common, and in some jurisdictions there is a legislative preference or presumption in favor of joint legal custody, joint physical custody or both.
It also encouraged the court, when making a parenting plan, to ensure the difference in number of days provided to each parent per year not exceed five. This bill died in committee. [37] House Bill 803 would provide a presumption of 50/50 parenting time for fit, willing, and able parents. It was considered during the 2021 Texas legislative session.