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Historically, sole custody was the most common form of child custody granted after divorce. [3] Since the 1980s, joint physical custody with shared parenting have become much more common, and in some jurisdictions there is a legislative preference or presumption in favor of joint legal custody, joint physical custody or both.
The term "visitation" is not used in joint physical custody cases, but only for sole custody orders. In joint physical custody, the actual lodging and care of the child is shared according to a court-ordered custody schedule, also known as a parenting plan or parenting schedule. [12]
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 bills seek to establish a presumption of joint legal and physical custody. they also would establish a rebuttable presumption of equal or approximately equal physical custody. Rebutting this presumption requires clear and convincing evidence that joint custody is harmful to the child. These bills are under review.
In joint physical custody both parents are custodial parents and neither parent is a non-custodial parent. [2] [6] Joint custody is distinct from sole custody. In sole physical custody, the child's lives primarily in the home of one parent while the children may have visitation with the other parent. In sole legal custody, one parent is ...
Per the decision, the former couple were to share joint legal and physical custody of their son. Berry also agreed to pay Martinez $8,000 a month in child support and 4.3% of all income she makes ...