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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.
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.
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 ...
Child custody, conservatorship and guardianship describe the legal and practical relationship between a parent and the parent's child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child. Custody issues typically arise in proceedings involving divorce, as well as in paternity, annulment ...
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.
UPDATE: 10/18/24 5:00 p.m. ET. Cope amended her divorce petition on October 8, Us Weekly can confirm. She is now asking the court for joint legal custody, according to court documents obtained by ...