Child Custody Flashcards
(10 cards)
Custody
Having custody (i.e., control) of a child means having legal custody, physical custody, or both.
Legal Custody: Provides the right of a parent to make major decisions (e.g., health, education, religion) regarding the minor child.
Physical Custody: Provides the right to have the child reside with a parent or guardian and the obligation to provide for routine daily care and control of the child.
Home State
A child’s home state is the state in which the child has lived with a parent or guardian for at least six consecutive months immediately before the custody proceeding, or since birth, if the child is less than six months old.
Parental Kidnapping Prevention Act (PKPA)
If a jurisdiction fails to follow the PKPA’s rules regarding jurisdiction, the order of the noncompliant jurisdiction is not entitled to full faith and credit.
The PKPA’s rules regarding jurisdiction are substantially similar to the UCCJEA rules (see § IV.B., Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), supra).
Best Interests of the Child Standard
The standard for determining child custody is the best interests and welfare of the child. Generally, a parent is in the best position to care for a minor child, unless the parent is determined unfit.
Guardian Ad Litem
A guardian ad litem is legal counsel that is appointed for the child.
Visitation and Parenting Time
Because parents have a fundamental constitutional right to have contact with their children, the noncustodial parent is generally allowed reasonable visitation (or “parenting time”) with a minor child. Visitation is generally denied only when it would seriously endanger a child’s physical, mental, or emotional health.
Modification
Once a custody order has been entered, absent relocation, a state retains subject-matter jurisdiction to modify the order while the child remains a minor. Most jurisdictions require some substantial and unforeseen change since the issuance of the prior order to warrant modification.
Relocation
Generally, the custodial parent seeking relocation bears the burden of demonstrating in an application made before relocation that the relocation is for a legitimate and reasonable purpose, as opposed to restricting the noncustodial parent’s visitation.[i] The application must be based on anticipated present facts, not speculative ones
Termination
A child-custody order terminates on the custodial parent’s death or on the child reaching the age of majority. In cases of death, the surviving parent generally receives custody of the child.
