Child Custody

Question 1

What are the different types of child custody?

Answer 1

• Legal
• Physical
• Joint

Question 2

What is the standard used for child custody?

Answer 2

Best interests of child.

Question 3

What are factors used for child custody determinations?

Answer 3

• Child preference
• Siblings stay together
• 3rd parties - substantial weight to parent’s however.

Question 4

Can a parent relocate with a child in regard to custody determinations?

Answer 4

Yes. If legitimate purpose and based on present factors.

Factors

• Involvement between child and parent not relocation
• age/needs of child
• ability to preserve relationship
• child’s preference
• history of relocating parent of preventing visitation
• reasons for relocation.

Question 5

What is exclusive continuing jurisdiction in regards to child custody?

Answer 5

Court that makes initial ruling has exclusive jurisdiction over matter until

1. parties no longer reside in state

or

2. child no longer has significant connection to state.

Question 6

When can a court decline child custody jurisdiction?

Answer 6

• Domestic violence
• Wrongfully removes child to state.
• Length of time child has lived out of state.
• Distance between jurisdictions
• Agreement of parties
• Nature and location of evidence
• Familiarity with facts.

Question 7

What governs jurisdiction issues for child custody? How are such issues resolved?

Answer 7

UCCJEA
- Initial Custody Determination (Home-state)
- SMJ + enter/modify visitation if
1. Child lives there for 6 consecutive months
prior to custody proceeding or since birth
or
2. Was home state in past 6 months and child is
absent but one parent is still there.

• Significant Connection
  - No other state; child and one parent have
  significant connection and substantial evidence of
  child’s care there.
• Default - appropriate connections