Child custody Flashcards
(27 cards)
How is maternity decided
maternity is presumed
how does CT determine paternity
1) blood tests (Ct will pay for indignet)
2) other evidence will look at physical resemblence
Cant Ct set SOL on establishing patenity
yes, so long as its reasonable and related to Govt interest
marital presumption to paternity
if the couple is married there is an assumption the child conceived during marraige is both spouses
can wife dispute paternity
yes if there is eivdience of
1) intfertility or steril
2) could not have engaged in sex
can husband deny paternity
traditionally: no if he 1) promised to provide 2) wife relied on promise and 3) wife will suffer detriment from relying on promise
more modern trend if more favorable to nonpaternal fathers, and has allowed partners more freely to disestablish paternity
types of child custody
legal
physical
joint custody
legal custody
a right for a parent to make major decsions regading the child
physical custody
is the right to have a child reside with parent and the obligation to provide routine and daily care and control of the child
Joint Custody
both spouses share decsion making power. Neither Parent is superior
UCCJEA ranking for custody modification
1) intial custody determination
2) significant connection jx
3) exclusive and continuing
What law dictated child custody for out of state parents
UCCJEA
Uniform Child Custody Jurisdiction and Enforcement Act
UCCJEA puporse
to determien JX to decide Custody matters and vistiation
Intial Custody Determination
first place to look for JX
1) chlild “home state” or
2) it was childs home state in the past 6 months and the child is absent from state but one party lives there
significant connection JX
if there is no intial custody order
1) no other state has accepted this order
2) child of one parent has a signficant connection with the state
3) there is a substantial evidence in the state concerning the childs care and protection
exclusive and continuing JX (custody UCCJEA)
first court to make a ruling has exclusive and continuing JX unless
1) no one lives in the state
2) child doesnt have significant connection to the state
process for answering JX under UCCJEA question on bar
UCCJEA has two components 1) jurisdiction 2) enforcement
if no custodu order exsists yet, first determine JX (three rankings)
then you will have to determine which state is approriate to determin modficiation of that order
Standard used for determining intial Child cusotdy
best interest of the child
CT considerations for beest interest of child
1) who was primary caregiver
2) childs preference
3) race or religion will not be considered
4) third party rights (is there a de facto parent)
defacto parent
sometimes can impact custody decsions if the third party is a defacto parent
1) natrual parent has little to no communication w child
2) child has lived with third party for extentded period
3) parents are unfit
is there a constitutional right to visitation
yes, parents have a right to see thier children
can be limited or supervised
when can CT deny spouse rights to visitation
if visitation would seriously endanger the child
rights of unwed biological father
substantive due process right to see child
father must demonstrate a committment to the responsibilties of parenthood
grandparent and step parent rights
bio parent presumption but
vistation is limited to cases where they have served “en loco parentis” with the child prior to divorce
