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Children in a joint custody arrangement are more likely to have outcomes similar to children from intact families, and to fare better than children in sole custody arrangements. [29] [30] [28] It allows for children to be exposed to both parents as role-models, something that is not necessarily ensured by other custody arrangements. [5]
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. [5]
A parenting plan is a child custody plan that is negotiated by parents, and which may be included in a marital separation agreement or final decree of divorce. [1] [2] Especially when a separation is acrimonious to begin with, specific agreements about who will discharge these responsibilities and when and how they are to be discharged can reduce the need for litigation.
Hindu Law: For Hindus, the Hindu Marriage Act, 1955 and the Hindu Minority and Guardianship Act, 1956, govern child custody. The custody of a child under the age of five is usually granted to the mother, and for children above five, the court considers the child's welfare as the paramount factor. [32] [33]
According to a 2005/06 survey, about 5 percent of American children ages 11 to 15 lived in a joint physical custody arrangement versus sole physical custody. [11] Kentucky is the only state with a legal rebuttable presumption in favor of joint physical custody.
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.
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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.