child custody

Question 1

what are the three types of custody?

Answer 1

(1) legal custody
(2) physical custody
(3) joint custody

Question 2

legal custody

Answer 2

the right of a parent to make major decisions about the child’s life (i.e., health, education, religion)

Question 3

physical custody

Answer 3

the right of a parent to have the child reside with the parent and the obligation to provide the routine for daily care and control of the child

Question 4

joint custody

Answer 4

parents must be willing an able to cooperate with and respect the wellbeing of the child

Question 5

what are the types of joint custody? (2)

Answer 5

(1) joint legal custody
(2) joint physical custody

Question 6

joint legal custody

Answer 6

neither parent has a superior right to make major decisions

Question 7

joint physical custody

Answer 7

does not necessarily require 50-50 time-sharing arrangement

Question 8

what is the purpose of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)?

Answer 8

to prevent jurisdiction disputes with courts in other states and on matters of child custody and visitation

Question 9

how is priority given regarding subject-matter jurisdiction regarding child custody?

Answer 9

(1) home state jurisdiction
(2) significant-connection jurisdiction
(3) default jurisdiction - appropriate connections

Question 10

home state jurisdiction

Answer 10

a court has subject-matter jurisdiction to preside over custody hearings and either enter or modify custody or visitation orders if the state:
- is the child’s home state (the state in which the child has lived with a parent or guardian for at least SIX CONSECUTIVE MONTHS prior to the custody proceeding, or since birth, if the child is less than six months old), OR
- was the child’s home state in the past six months and the child is absent from the state, but a parent (or guardian) continues to live in the state

Question 11

significant-connection jurisdiction

Answer 11

a court can enter or modify an order if:
- no other state has or accepts home-state jurisdiction
- the child and at least one parent have a significant connection with the state, and
- there is substantial evidence in the state about the child’s care, protection, training, and personal relationships

Question 12

default jurisdiction (appropriate connections)

Answer 12

if no state has jurisdiction through home-state or substantial connection jurisdiction, court in state with appropriate connections to the child has jurisdiction

Question 13

exclusive-continuing jurisdiction

Answer 13

a court that makes initial ruling has exclusive
jurisdiction over matter until parties no longer reside in state, or child no longer has
significant connection to state

Question 14

when can a court decline jurisdiction regarding entering or modifying a child custody order?

Answer 14

if court has either initial or exclusive-continuing
jurisdiction, it may decline to hear case if it finds forum to be inconvenient

Question 15

temporary emergency jurisdiction

Answer 15

If there is no prior custody order, an emergency order remains in effect until a decision
by the child’s home state; applies in instances where the child is in danger or requires immediate protection

Question 16

enforcement of another state’s orders - registration of another states’ order

Answer 16

does not need to be accompanied by enforcement request

Question 17

enforcement of another state’s orders - expedited enforcement of child-custody determination

Answer 17

a hearing is held on the first judicial day after service of the order (or on the first possible judicial day)

Question 18

enforcement of another state’s orders - warrant for child custody

Answer 18

if the child is likely to suffer serious physical injury or be removed from the state

Question 19

what is the standard for determining child custody?

Answer 19

best interests of the child standard (best interests and welfare of the child)

Question 20

best interest of the child factors - between parents

Answer 20

the primary-caretaker during the marriage, separation, and prior to the divorce is a factor

Question 21

best interest of the child factors - race/religion

Answer 21

race and/or religion cannot be used as factors in determining child custody

Question 22

best interest of the child factors - parents’ sexual conduct

Answer 22

a factor only if the parent’s conduct has or will have a negative effect on the child

Question 23

best interest of the child factors - third-party rights

Answer 23

parents presumptively entitled to custody of their children in cases against third parties

Question 24

best interest of the child factors - third-party rights EXCEPTION

Answer 24

the legal parent is unfit or parental custody would be detrimental to the child

Question 25

best interest of the child factors - child preference

Answer 25

taken into account if the child is of sufficient maturity

Question 26

best interest of the child factors - guardian ad litem

Answer 26

a court-appointed attorney to advocate for the child’s preferences and act on her behalf

Question 27

best interest of the child factors - siblings

Answer 27

generally not separated from each other

Question 28

best interest of the child factors - domestic violence

Answer 28

- almost always a factor - some states have created rebuttable presumptions in favor of the non-abusive spouse

Question 29

visitation (parenting time) - noncustodial parent

Answer 29

- allowed reasonable visitation (or "parenting time") with a minor child - denial of visitation only when it would seriously endanger a child's physical, mental, or emotional health - however, restrictions MAY be imposed (e.g., supervision, denial of overnight visits, etc.)

Question 30

visitation (parenting time) - noncustodial parent: sexual relationship or cohabitation

Answer 30

can be a basis for a restriction only if there is an adverse impact on the child

Question 31

can a parent be denied visitation due to a failure to pay child support?

Answer 31

no

Question 32

visitation (parenting time) - third parties

Answer 32

- A fit parent has a fundamental right to the care, custody, and control of his children; the parent’s decisions regarding third-party visitation must be given special weight - Visitation is sometimes granted to stepparents and same-sex nonbiological co-parents - Typically limited to individuals who acted in loco parentis ("in [the] place of a parent") with the child prior to the divorce

Question 33

visitation (parenting time) - third parties: grandparent visitation

Answer 33

subject to the special weight given to a fit parent’s decision

Question 34

visitation (parenting time) - third parties: unwed biological father

Answer 34

has a fundamental right to have contact with his child if he demonstrates a commitment to the responsibilities of parenthood

Question 35

enforcement of child custody - sanctions

Answer 35

e.g., compensatory visitation, attorney’s fees, court costs, fines, jail time * Tort damages awarded to parent for the period of time that the child is wrongfully out of the parent’s custody

Question 36

what is the standard for modifying child support?

Answer 36

substantial change in circumstances standard (most states)

Question 37

modification of child support - relocation

Answer 37

may be permitted if there is a legitimate and reasonable purpose for the move

Question 38

termination of child support

Answer 38

a child-custody order terminates upon the child reaching the age of majority (usually 18)

Question 39

termination of child support - death of custodial parent

Answer 39

the surviving parent is usually awarded custody of the child

Question 40

parental consent - medical care

Answer 40

* Parental consent must be obtained regardless of the parents’ marital status except in the case of an emergency * A parent’s religious beliefs can be overridden by a court to prevent serious harm to the child

Question 41

parental consent - upbringing

Answer 41

a parent has a right to raise her child as she sees fit, including decisions relating to the child’s religious upbringing; however, parental decisions may be limited to protect the health/safety of the child or if there is a significant social burden (e.g., contagious illness)