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Judges can then consider other factors, such as whether either parent has a history of domestic violence, before deciding whether joint custody is appropriate. [16] [21] The law stipulates if a domestic violence order is being or has been entered against a parent by another parent or child, then the presumption of joint custody will not apply. [9]
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 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]
The Republican-led Kentucky Senate voted overwhelmingly Tuesday to grant the right to collect child support for unborn children, advancing a bill that garnered bipartisan support. The measure ...
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.
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.
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.
In Kentucky, the National Parents Organization was involved in the 2018 passage of HB528, the nation's first presumption that shared parenting is in the best interest of the child. [7] [8] In Virginia, the local affiliate led the campaign for House Bill 1351, requiring courts to consider shared custody arrangements. [9]