Child Custody

Question 1

Define Legal Custody

Answer 1

Right to make major decisions regarding the minor child. Health, education, religion.

Question 2

Define Physical custody

Answer 2

right to have the child reside w/ the parent/guardian and to provide for routine daily care.

Question 3

Define Joint custody

Answer 3

Not imposed ove rthe objections of one parent - agreement must meet best interest of the child requirement.

Question 4

What does the UCCJEA do?

Answer 4

Prevents jurisdictional disputes with regards to child custody and visitation.

Question 5

When does a court have subject matter jurisdiction to preside over custody/visitation hearings?
(Home State Jurisdiction)

Answer 5

That state is:

1) The child’s home state and has been the home state for six months or since birth; or,
2) Was the child’s home state within the past six months, the child is absent from the state but one parent continues to live in the state.

Question 6

What is Significant Custody Jurisdiction?

Answer 6

A court can enter an order if:

1) No other state has or accepts home state jurisdiction,
2) the child and at least one parent have a significant connection in the state
3) there is substantial evidence in the state concerning the child’s care, protection, and relationships

Question 7

What is exclusive-continuing jurisdiction?

Answer 7

A court that makes the initial ruling in a custody determination has exclusive jurisdiction over the matter until the court determines that:

1) the parties no longer reside in the state OR
2) the child no longer has a significant connection to the state.

Question 8

When can a court with jurisdiction decline jurisdiction

Answer 8

If it finds the forum to be inconvenient after weighing the following factors:

1) Domestic violence and which state would help best.
2) how long the child has lived outside of the jurisdiction
3) the distance b/w the jurisdictions
4) the parties financial circumstances.
5) agreements by the parties
6) familiarities w/ the court
- if one party has engaged in unjustifiable conduct by removing a child from the state.

Question 9

Expedited enforcement of a child-custody determination:

Answer 9

The respondent must appear in person at a hearing held on the first judicial day after service of the order and the petitioner will be awarded immediate physical possession of the child unless:

• the custody of visitation order was not registered
• the issuing court didn’t hav ejurisdiction
• the order has been styed or vacated
• the respondent was entitled to notice but notice was not given before the court issued the order for which enforcement is sought.

Question 10

When may a warrant for child custody be given?

Answer 10

If a court finds that the child is likely to suffer serious physical injury or be removed from the state.

Question 11

Parental Kidnapping Prevention Act

Answer 11

In civil interstate custody disputes and parental kidnapping cases discourages forum shopping na dallocates powers and duties b/w states.

Question 12

What is the standard for determining child custody?

Answer 12

Best Interests of the child.

• usually parents
• primary caretaker of the child during the marriage.
• can’t consider religion
• most can’t consider sexual conduct of parents

Question 13

what impact does a child’s preference have on custody determinations?

Answer 13

it does if child has sufficient maturity to express a preference.

Question 14

In general how much time is a non-custodial parent allowed with a child?

Answer 14

a reasonable amount of visitation

Question 15

What will courts look to when determining whether to grant grandparent visitation?

Answer 15

The fit parent’s decision.

Question 16

Does an unwed biological father have visitation rights?

Answer 16

Yes. Under the substantive due process rights of the Constitution if the father has demonstrated a commitment to the responsibilities of parenthood.

Question 17

When can a custodial parent move?

Answer 17

The trend of the courts is that if there is a LEGITIMATE PURPOSE FOR THE MOVE, the courts will permit a custodial parent to move.

• must be advance notice
• look to the nature quality and involvement with the hild of the parent not seeking relocation.
• age and needs of the child.
• ability to maintain relationship w/ non-locating parent.
• child’s preference
• reasons for relocation and opposition

Question 18

What is the theory of Parens Patriae

Answer 18

The court can intervene to protect a child when necessary medical care is needed to prevent serious harm to the child’s health but the parent prevents it.