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In many states, these statutes explicitly name grandparents and great-grandparents as potentially eligible people. [1] These requests must be justifiable as being in the best interests of the child , and they may only apply under certain circumstances, such as after one parent dies or loses 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.
These advocates include non-custodial mothers and fathers; grandparents, step-parents and other family members of non-custodial parents; [36] children's rights advocates; [37] family court reform advocates who see sole custody as a disruptive practice pitting one parent against the other; [38] mental health professionals who consider joint ...
Troxel v. Granville, 530 U.S. 57 (2000), is a case in which the Supreme Court of the United States, citing a constitutional right of parents to direct the upbringing of their children, struck down a Washington law that allowed any third party to petition state courts for child visitation rights over parental objections.
Joint custody is a form of child custody pursuant to which custody rights are awarded to both parents. [1] Joint custody may refer to joint physical custody , joint legal custody , or both combined.
”You shattered my family’s life. You stabbed two of the most important people in my life,” said Tye Jones in a victim impact statement.
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 2000 Wisconsin added two significant legislative changes via the budget bill (ACT 9). A presumption that joint custody is in a child's best interest. And instructions to maximize the amount of time allotted to both parents. The courts in WI prior to this were instructed to not consider gender in custody or placement decisions.