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For an example of #1, the parents divorce in Texas, and the mother and children move to Mississippi. The father continues to live in Texas and the children maintain a significant connection to Texas by visiting Texas often and spending their summers there. Three years later the father filed suit in Texas to modify 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.
If abduction appears imminent, a court may issue a warrant to take physical custody of the child, direct law enforcement officers to take steps to locate and return the child, or exercise other appropriate powers under existing state laws. A warrant to take physical custody is enforceable in the enacting state even if issued by different state.
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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.
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