! Child Custody

Question 1

What are the two types of custody?

Answer 1

Legal custody and physical custody

Legal custody involves decision-making rights, while physical custody pertains to the child’s residence and daily care.

Question 2

What is legal custody?

Answer 2

The right of a parent to make major decisions regarding the minor child

Areas include health, education, and religion.

Question 3

What is physical custody?

Answer 3

The right to have the child reside with a parent and provide routine daily care

Physical custody can be shared under joint custody arrangements.

Question 4

What is joint custody?

Answer 4

An arrangement where both parents are willing and able to cooperate for the child’s well-being

The court may order joint custody if it serves the child’s best interests.

Question 5

Does joint physical custody require a 50-50 time-sharing arrangement?

Answer 5

No

Joint physical custody can involve significant time spent with each parent without equal time-sharing.

Question 6

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

Answer 6

To prevent jurisdictional disputes between states on child custody and visitation matters

Almost all states, including Virginia, have enacted the UCCJEA.

Question 7

What is home state jurisdiction?

Answer 7

Virginia courts have jurisdiction if Virginia is the child’s home state for six months or since birth if under six months old

Home state is where the child lived with a parent for at least six consecutive months.

Question 8

What is significant connection jurisdiction?

Answer 8

A Virginia court can modify custody if no other state has home state jurisdiction and the child has a significant connection with Virginia

This connection must involve more than mere physical presence.

Question 9

What is exclusive continuing jurisdiction?

Answer 9

The court that made the initial determination has exclusive jurisdiction as long as a parent or the child lives in Virginia

This allows ongoing jurisdiction over custody matters.

Question 10

When can Virginia courts decline jurisdiction?

Answer 10

If it determines Virginia is an inconvenient forum

Factors include domestic violence, length of time outside Virginia, and the distance to another court.

Question 11

What is temporary emergency jurisdiction?

Answer 11

A court can obtain temporary emergency jurisdiction if the child is in danger and needs immediate protection

This applies when the child is physically present in Virginia.

Question 12

What is the Parental Kidnapping Prevention Act (PKPA)?

Answer 12

A federal law that applies to parental kidnapping and civil interstate custody disputes

It discourages forum shopping and allocates powers between states in custody disputes.

Question 13

What standard is used for determining child custody in Virginia?

Answer 13

The best interests of the child standard

This considers various factors including the child’s age, needs, and relationships.

Question 14

What factors are considered in determining the best interests of the child?

Answer 14

Factors include:
* Age and condition of the child
* Relationship between parent and child
* Needs of the child
* Role of each parent in upbringing
* History of family abuse
* Preference of the child
* Other relevant factors

The judge must communicate the basis for the decision.

Question 15

Can race or religion be used as factors in custody decisions?

Answer 15

No

Courts cannot consider race or religion in custody determinations.

Question 16

Are a parent’s sexual conduct and its impact on the child considered in custody decisions?

Answer 16

Only if it negatively impacts the child

Prior conduct is not a factor unless it affects the child’s well-being.

Question 17

What presumption exists in custody disputes between a parent and a non-parent?

Answer 17

The law presumes the child’s best interests are served by custody with the parent

Third parties must provide clear evidence to overcome this presumption.

Question 18

What is the presumption regarding child custody in Virginia law?

Answer 18

The law presumes that the child’s best interests will be served when in the custody of its parent.

Question 19

Under what circumstances can a third party overcome parental preference for custody?

Answer 19

When the third party shows by clear and convincing evidence that the child’s best interest would be served.

Circumstances include:
* Parent is unfit
* Parent lost custody in a prior order
* Parent voluntarily relinquished custody
* Parent abandoned the child
* Extraordinary reason for taking the child from parents

Question 20

What factors might lead a court to consider a child’s preference in custody decisions?

Answer 20

The court considers the child’s maturity and the reasons behind their preference.

Question 21

What is the role of a Guardian Ad Litem in custody cases?

Answer 21

To advocate for the child’s preferences and act on her behalf.

Question 22

How do courts view sibling relationships in custody decisions?

Answer 22

Courts traditionally avoid separating siblings to maintain stability and promote sibling relationships.

Question 23

What must courts consider regarding domestic violence when awarding custody?

Answer 23

The presence of domestic violence between the parties.

Question 24

True or False: The noncustodial parent has a constitutional right to reasonable visitation.

Answer 24

True.

Question 25

What is required for a fit parent to deny non-parent visitation?

Answer 25

State courts must give 'special weight' to a fit parent’s decision.

Question 26

What must a non-parent demonstrate to receive visitation against the wishes of both parents?

Answer 26

The denial of visitation would cause actual harm to the child, by clear and convincing evidence.

Question 27

What is the standard for modification of custody orders in Virginia?

Answer 27

A change in circumstances standard requiring substantial, material, and unforeseen change since the prior order.

Question 28

What is the predominant consideration in relocation cases involving custody?

Answer 28

The best interests of the child.

Question 29

What happens to a child custody order when the custodial parent dies?

Answer 29

The surviving parent generally receives custody of the child.

Question 30

What is the general rule regarding parental consent for medical procedures on minors?

Answer 30

Parental consent must be obtained, regardless of marital status.

Question 31

In cases where a child's medical treatment contradicts a parent's religious beliefs, what can the court do?

Answer 31

The court can intervene to protect the child when necessary medical care is needed.

Question 32

What is the legal precedent regarding a parent's right to raise their child?

Answer 32

Parents have the right to raise their child as they see fit, including decisions on religious upbringing.

Question 33

What must parents demonstrate to approve the sterilization of a mentally incompetent child?

Answer 33

They must show by clear and convincing evidence that it is in the child’s best interest.

Question 34

What can be a consequence of interference with a visitation order?

Answer 34

Change in custody or contempt proceedings.

Question 35

What is the effect of cohabitation on visitation rights?

Answer 35

Courts are unlikely to restrict visitation unless cohabitation has an adverse impact on the children.

Question 36

What sanctions can a court impose for the enforcement of child custody and visitation orders?

Answer 36

Compensatory visitation, attorneys’ fees, court costs, fines, and jail time.

Question 37

What is the requirement for enforcing custody and visitation orders from other states?

Answer 37

Orders must be registered in the state seeking enforcement under the Full Faith and Credit clause.