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[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.
This bill makes the presumption that joint physical custody be awarded in cases where joint legal custody is awarded, it defines joint physical custody as "equal time-sharing," and sets the burden required to overcome the presumption as a preponderance of the evidence. It would also remove language from the law stating that there would not be a ...
Joint custody is a form of child custody pursuant to which custody rights are awarded to both parents. 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.
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 .
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.
The popularity of shared parenting, or equal parenting time (EPT), has increased greatly in the past ten years. In Spain in 2022, for instance, 'Due to legal reforms, equal parenting time (EPT) laws in Spain now apply to approximately 40% of all divorces.' [4] The frequency of shared parenting versus sole custody varies across countries, being most common in Scandinavia.
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.
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.