Child Custody Flashcards
(17 cards)
What is legal custody?
Legal custody is the right of a parent to make major decisions about the child’s life. For example, health, education, and religion.
What is physical custody?
Physical custody is the right of a parent to have a child reside with a parent and obligation to provide for routine daily care and control of the child.
What is joint legal custody?
Joint legal custody is when neither parent has a superior right to make major decisions. Joint legal custody is the outcome in the major majority of cases.
What is joint physical custody?
Joint physical custody does not necessarily require a 50-50 time sharing arrangement.
What is the purpose of the UCCJEA?
The purpose of the act is to prevent jurisdictional disputes with courts in other states on matters of child custody and visitation.
When does a court have SMJ to preside over custody hearings and to enter or modify custody or visitation orders?
A court has SMJ to preside over custody matters if the state is:
1. The child’s home state or
2. Was the child’s home state in the past six months & the child is absent from the state but one of the parents still lives there.
How is a child’s home state determined?
The child’s home state is the state in which the child has lived (1) with a parent or guardian for at least six consecutive months immediately prior to the custody proceeding or (2) since birth, if the child is less than six months old.
When can a significant-connection jurisdiction enter or modify order?
A court can enter a modifying order if:
1. No other state has or accepts home state jurisdiction,
2. The child & at least one parent have significant connection w/ the state, and
3. There is substantial evidence in the state about the child’s care, protection, training, and personal relationships.
What is a default jurisdiction in a child custody dispute?
If no state has jurisdiction through home state or significant connection, jurisdiction, then a court in a state with appropriate connection to the child has jurisdiction.
What is exclusive continuing interdiction in a child custody dispute?
A court that makes an initial ruling has exclusive jx over the matter until the parties no longer reside in the state or the child no longer has significant connection to the state.
How do courts determine child custody matters??
Courts determine child custody matters by assessing the best interests & welfare of the child. In highly contested custody cases, a guardian ad litem may be appointed by the court to advocate for the child’s preferences & act on the child’s behalf.
What are the relevant factors for determining child custody?
- Preference of child of sufficient maturity.
- Sibling placement.
- Domestic violence.
- Which parent was the primary caretaker during the marriage, separation, and prior to the divorce.
What are irrelevant factors for determining child custody?
Race, religion, and parents sexual conduct.
What are third-party rights to visitation?
A parent has a fundamental right to deny visitation to a non-parent.
When does an unwell biological father have rights to contact with his child?
An unwed biological father has a due process right to have contact with his child if he demonstrates a commitment to the responsibilities of parent (e.g., provides support).
When can a third-party like a step parent or non-biological coparent have visitation rights?
The third-party visitation rights of a step parent or non-biological coparent is typically limited to individuals who acted in loco parentis with the child prior to the divorce.
When is modification of a custody or visitation order warranted?
Most states use a change in circumstance standard to determine whether a modification of a custody or visitation order is warranted.
