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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 Uniform Parentage Act (UPA) is a legislative act originally promulgated in 1973 by the National Conference of Commissioners of Uniform State Laws.The 1973 original version of the act was created to address the need for new state legislation, because at the time the bulk of the law on the subject of children born out of wedlock was unconstitutional or led to doubt. [1]
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.
A legal consideration requires the court to consider a specific type of custody, but adds no preference or presumption for it. Joint physical custody vs 50/50 parenting time: Different jurisdictions have differing definitions for joint physical custody. Many don't specify how much time must go to each parent to be considered joint (as opposed ...
Pennsylvania Revisede Civil Procedures 1910.16-1 to -5 [84] Child Support Program [85] Rhode Island Child Services Guidelines Administrative Order [86] Dep't of Human Services [87] South Carolina Social Services Regulation 114–4710 to -4750 [88] Child Support Services Division [89] South Dakota Code Laws §§ 25-7-6.1 et seq. [90]
Pennsylvania allows a single person to adopt without respect to sexual orientation. [20] Until 2002, Pennsylvania did not permit stepchild adoption by a person of the same sex as the first parent. A 6-0 ruling by the Supreme Court of Pennsylvania established the right of same-sex couples to stepchild adoptions. [21]
The law was changed in March 2007; the state House voted 48-41 and the state Senate voted 35–10 in favor of S.B. 2138, [28] which was signed into law by governor John Hoeven, removing the cohabitation statute. [29] [30]
The legal concept was tried in the case of Dubay v. Wells and was rejected by the court, since legislation in the various jurisdictions currently sets forth guidelines for when child support is owed as well as its amount. Accordingly, legislation would be required to change the law to implement McCulley's concept.