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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 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 .
The Parental Kidnapping Prevention Act (PKPA; (Pub. L. 96–611, 94 Stat. 3573, enacted December 28, 1980; 28 U.S.C. § 1738A) is a United States law that establishes national standards for the assertion of child custody jurisdiction. The Act gives preference to the home state in which the child resided within the past six months for the ...
Child custody consists of legal custody, which is the right to make decisions about the child, and physical custody, which is the right and duty to house, provide and care for the child. [1] Married parents normally have joint legal and physical custody of their children.
Granville, 530 U.S. 57 (2000), held that "the interest of parents in the care, custody and control of their children is perhaps the oldest of the fundamental liberty interests recognized by this Court." This includes parents' fundamental right to make decisions concerning the care, custody, and control of their children, see, e. g., Stanley v.
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