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Legal presumption vs consideration: A rebuttable legal presumption and preference (such as for joint custody over sole custody) give the courts a starting point. If the court determines that the legal presumption is not fit for the case, it must usually state what evidence it considers to have overcome the burden of proof associated with the ...
[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.
Joint custody may refer to joint physical custody, joint legal custody, or both combined. In joint legal custody, both parents of a child share major decision making regarding for example education, medical care and religious upbringing. In joint physical custody, also called shared parenting or shared residency, the child spends equal or close ...
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 .
Courts and legal professionals within the U.S. may use terms such as "parenting time" instead of custody and visitation. [3] The goal of the newer, alternative terminology is to eliminate the distinction between custodial and noncustodial parents, and to better focus on the best interests of the children by crafting schedules that meet the ...
Joint custody in Spanish is known as custodia compartida (shared custody). Recent changes in regional laws in Spain, such as in Aragon, establish joint custody as the preferred regime. [39] In 2009, 84,1% gave sole custody to the mother, 5,6% to the father and 9,6% were given joint custody.
Judges can then consider other factors, such as whether either parent has a history of domestic violence, before deciding whether joint custody is appropriate. [16] [21] The law stipulates if a domestic violence order is being or has been entered against a parent by another parent or child, then the presumption of joint custody will not apply. [9]
The amount should be agreed on by the parents, with consideration taken for the economic need of the child and the economic situation of both parents. This may be in the form of a contract or simply an agreement. With joint custody where the child lives with each parents roughly half of the time no child support needs to be paid.