Ch 4: Child Custody

Question 1

What does having custody of a child mean?

Answer 1

Having custody means having legal custody, physical custody, or both.

Legal custody allows for major decisions about the child, while physical custody involves daily care.

Question 2

What is legal custody?

Answer 2

Legal custody provides the right to make major decisions regarding a minor child, such as health, education, and religion.

Question 3

What is physical custody?

Answer 3

Physical custody provides the right to have the child reside with a parent or guardian and the obligation to provide routine daily care.

Question 4

What is joint custody?

Answer 4

Joint custody is when one or both types of custody can be shared, provided it meets the best-interests-of-the-child standard.

Question 5

What is required for a joint custody arrangement?

Answer 5

Both parents must be willing and able to cooperate concerning the child’s well-being.

Question 6

True or False: Joint custody can be imposed over the objections of one parent.

Answer 6

False.

Question 7

What does joint legal custody entail?

Answer 7

Neither parent has a superior right to make major decisions; procedures for resolving conflicts are typically outlined.

Question 8

What is the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)?

Answer 8

The UCCJEA prevents jurisdictional disputes with courts in other states on matters of child custody and visitation.

Question 9

What defines a child’s home state under UCCJEA?

Answer 9

The state where the child has lived with a parent or guardian for at least six consecutive months before custody proceedings.

Question 10

What is significant-connection jurisdiction?

Answer 10

A state may exercise jurisdiction if there is no home-state jurisdiction, and the child and at least one parent have a significant connection with the state.

Question 11

What is temporary emergency jurisdiction?

Answer 11

Jurisdiction that allows a court to enter an emergency order if the child is in danger and requires immediate protection.

Question 12

What factors can lead a court to decline jurisdiction?

Answer 12

Factors include domestic violence, the length of time the child has resided outside the jurisdiction, and the distance between jurisdictions.

Question 13

What is the purpose of the Uniform Deployed Parents Custody and Visitation Act (UDPCVA)?

Answer 13

The UDPCVA applies specifically to service members and provides guidelines for custody during deployment.

Question 14

What is the best-interests-of-the-child standard?

Answer 14

The standard used to determine child custody, focusing on the child’s welfare and best interests.

Question 15

True or False: There is a presumption for custody in favor of the mother.

Answer 15

False.

Question 16

What factors do courts consider in custody decisions?

Answer 16

Factors include the primary caretaker during marriage, child’s preference, domestic violence, and parents’ sexual conduct.

Question 17

What is a guardian ad litem?

Answer 17

Legal counsel appointed for the child in contested custody cases to advocate for the child’s preferences.

Question 18

Why do courts avoid separating siblings?

Answer 18

To maintain stability and promote sibling relationships.

Question 19

What is the general rule regarding visitation rights?

Answer 19

Noncustodial parents are generally allowed reasonable visitation unless it seriously endangers the child’s health.

Question 20

What is required for third parties to seek visitation?

Answer 20

Third parties must have acted in loco parentis with the child before divorce to seek visitation rights.

Question 21

What does the case Troxel v. Granville establish regarding parental rights?

Answer 21

It requires state courts to give ‘special weight’ to a fit parent’s decision to deny nonparent visitation.

Question 22

What must an unwed biological father demonstrate to have contact with his child?

Answer 22

A commitment to the responsibilities of parenthood, such as participation in child-rearing.

Question 23

What is the law regarding visitation and HIV/AIDS?

Answer 23

Courts cannot deny visitation because a parent has HIV/AIDS.

Question 24

What can happen if a party interferes with a visitation order?

Answer 24

Interference may result in a change of custody or contempt proceedings.

Question 25

What is the general rule regarding overnight visitation in jurisdictions?

Answer 25

The majority do not prohibit overnight visitation unless a specific danger to the child’s physical or emotional health is demonstrated. ## Footnote This applies to gay and lesbian relationships as well.

Question 26

Can courts deny visitation based on a parent's HIV/AIDS status?

Answer 26

No, courts cannot deny visitation because a parent has HIV/AIDS. ## Footnote Referenced case: North v. North, 648 A.2d 1025 (Md. App. 1994).

Question 27

What remedies are available for interference with a visitation order?

Answer 27

Change in custody or contempt proceedings may remedy interference or refusal to comply with a visitation order.

Question 28

What sanctions can a court impose for enforcement of child-custody and visitation orders?

Answer 28

Sanctions may include: * Compensatory visitation * Attorney’s fees * Court costs * Fines * Jail time * Tort damages

Question 29

What is the purpose of habeas corpus proceedings in custody disputes?

Answer 29

To allow a person claiming custody, but lacking physical custody, to be heard by the court regarding the child's best interests.

Question 30

What is the Full Faith and Credit Clause's role in enforcing custody orders between states?

Answer 30

Custody and visitation orders are enforceable if the other state’s decree is registered in the state seeking enforcement.

Question 31

What must a party demonstrate to modify a custody order?

Answer 31

A substantial and unforeseen change since the issuance of the prior order.

Question 32

What happens if a custodial parent proposes to relocate with a minor child?

Answer 32

The relocation may constitute a substantial change in circumstances warranting modification of the custody order.

Question 33

What factors do courts consider when a custodial parent seeks relocation?

Answer 33

Factors include: * Nature and quality of the non-relocating parent's involvement * Age and needs of the child * Ability to preserve the relationship through visitation * Child’s preference * History of promoting or preventing parenting time * Enhancement of quality of life * Reasons for requesting or opposing relocation

Question 34

True or False: A change in custody is generally granted when the custodial parent lives with a nonmarital partner.

Answer 34

False. ## Footnote A change in custody is granted only if there is an adverse effect on the child.

Question 35

When does a child-custody order terminate?

Answer 35

Upon the custodial parent’s death or when the child reaches the age of majority.

Question 36

What is required for a doctor to perform surgery on a minor child?

Answer 36

Parental consent must be obtained, except in emergencies.

Question 37

What can happen if a parent's religious beliefs conflict with a child's medical needs?

Answer 37

The court can intervene to protect the child if necessary medical care is needed to prevent serious harm.

Question 38

What are some limitations on parental rights regarding a child's upbringing?

Answer 38

Parental decisions may be limited if they jeopardize: * Health or safety of the child * Potential for significant social burdens

Question 39

Fill in the blank: Under police powers, some states can require _______ for public school admission.

Answer 39

vaccinations

Question 40

What is the legal precedent regarding parental rights to raise their child as they see fit?

Answer 40

Parents have the right to raise their child, but this right may be limited to protect the child's health and safety. ## Footnote Referenced case: Wisconsin v. Yoder, 406 U.S. 205 (1972).