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Joint custody is distinct from sole custody. In sole physical custody, the child's lives primarily in the home of one parent while the children may have visitation with the other parent. In sole legal custody, one parent is assigned the exclusive right to make decisions concerning the children's important life activities, such as choice of ...
Alternating custody can have two different meanings. It is typically used when parents take turns having sole custody of a child based on a regular schedule, while the non-custodial parent has visitation rights. For example, the father may have sole custody on odd years while mother has sole custody on even years.
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.
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.
The term "visitation" is not used in joint physical custody cases, but only for sole custody orders. In joint physical custody, the actual lodging and care of the child is shared according to a court-ordered custody schedule, also known as a parenting plan or parenting schedule. [12]
Berry, who shares 10-year-old son Maceo with the French actor, filed a request for sole legal custody in the Los Angeles County Superior Court on Friday, according to People magazine and Fox News.
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 ...
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.