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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.
Joint custody is a court order whereby custody of a child is awarded to both parties. [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 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.
It changed a lot of language around child custody law that, among other things: removed the need for the court to consider the wish of the parents or children under suitable age and maturity, required the court consider if one parent intentionally mislead the court or delayed the process, encouraged the court to produce parenting plans that ...
The Act also establishes which state's law will be applied in proceedings under the Act, an important factor as support laws vary greatly among the states. [5] The Act establishes rules requiring every state to defer to child support orders entered by the state courts of the child's home state.
Parsi Law: Child custody for Parsis is governed by the Parsi Marriage and Divorce Act, 1936, where the court considers the welfare of the child as the main criterion. [ 35 ] Secular Law : The Guardians and Wards Act, 1890, is applicable to all communities and provides provisions for the appointment of guardians for minors and custody issues.