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Courts consider a custody award to be subject to change until the child comes of age, and in most states proof of a "change in circumstances" may overturn an earlier award. 2d 511 (1978), the Court decided that the adoption was in the best interests of the child, and wrote that because that particular biological father had participated very little in rearing the child, he did not have the same rights under the Equal Protection Clause that a more involved father would have. All states have adopted the Uniform Child Custody Jurisdiction Act, originally adopted in 1967, which provides that a state's court will not accept a custody case unless that state has original jurisdiction or the state with original jurisdiction relinquishes it. This law was updated in 1997 with the passage of the Uniform Child Custody Jurisdiction and Enforcement Act, which added a number of provisions for the enforcement of child-custody orders from other states. Parental Kidnapping occurs when one parent deprives the other of his or her legal right to custody or visitation by illegally taking the child out of the jurisdiction. If the parents agree, the court can award joint custody, physical and/or legal.
This flexibility is intended to allow for the correction of poor or outdated decisions, but it consequentially enables some parents to wage bitter custody battles that can last for years. Owing in part to a national surge in reports of Child Abuse and neglect in the 1980s and 1990s, courts and society faced questions of whether abusive or dangerously neglectful parents should retain custody of their own children. As of 2003, more than 30 states, including the District of Columbia, had adopted the new law, and several others were considering its adoption. It is outlawed by the federal Parental Kidnapping Prevention Act (28 U. Joint legal custody is becoming increasingly common.
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