Child Custody Flashcards
Legal custody
The right of a parent to make major decisions regarding the child (health, education, religion)
Physical custody
The right to have the child reside with a parent or guardian and the obligation to provide routine daily care and control of the child.
Home-state jurisdiction
A court has SMJ to decide child custody and visitation if it is:
* The child’s home state; or
* Was the child’s home state in the past six months, and the child is absent, but one of the parents still lives there.
Significant-connection jurisdiction
(if home-state jurisdiction is not met)
A court can enter or modify an order if:
* The child and at least one parent have a significant connection with the state; and
* There is substantial evidence in the state concerning the child’s care, protection, training, and personal relationships.
Exclusive-continuing jurisdiction
Courts that make the initial ruling over custody have exclusive continuing jurisdiction until:
* Both parties no longer reside in the state; or
* The child no longer has a significant connection to the state
Best Interests of the Child Standard
(child custody)
- Primary-Caretaker
- Child’s Preference
- Race or religion: not applicable
- Third party rights: legal parents have presumption, unless unfit or detrimental to the child
Denying visitation
A court may deny visitation if contact would seriously endanger a child’s physical, mental, or emotional health.
Unwed biological father visitation
Only has a right to visitation if he demonstrates a commitment to the responsibilities of parenthood.
Third party visitation rights
Typically limited to when the third party acted in loco parentis with the child prior to divorce.
Modification of custody order
The parent seeking modification must show a substantial change in circumstances.
Relocation
Custodial parent must show a legitimate and reasonable purpose.
