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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.
When I signed the divorce papers, both of my kids were in elementary school, and I hadn't considered what their fast-approaching tween era would be like with joint custody. Then, in the blink of ...
From actual placement studies done in WI by UW IRP, shared placement doubled in the 90s (from approx 15% to 30% in divorce cases). In the first decade of the 2000s thanks partially to the ACT 9 legislative changes, shared placement in divorce cases had increased to 50% (2010).
Joint physical custody is associated with more positive parental relationships, effective parenting, and lower inter-parental conflict; key factors that ensure a child's well-being following divorce. [32] Children in joint physical custody arrangements are more likely to have better relationships with their families, better performance in their ...
In the late twentieth and early twenty-first centuries, divorce rates increased dramatically. Due to the nature of divorce, the rules governing child custody became increasingly difficult to determine. It was at this time that the idea of mothers being favored to gain custody of children in the event of a divorce was challenged.
Caroline Norton, the person who initiated the tender years doctrine. The tender years doctrine is a legal principle in family law since the late 19th century. In common law, it presumes that during a child's "tender" years (generally regarded as the age of four and under), the mother should have custody of the child.
Stephen Baskerville proposes "reasonable limits" on no-fault divorce when children are involved. [90] Some members of the FRM support the end of the no-fault principle in child custody and divorce decisions. [4] [106] [107] Some members of the fathers' rights movement state that the availability of divorce should also be limited. [4]
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.