Child Custody Flashcards Preview

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Flashcards in Child Custody Deck (27)
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1
Q

Custody

A

the physical and legal custody of a child.

2
Q

What is the primary test for determining what court has jurisdiction to determine who has custody over a child?

A

the home state of the child.

3
Q

For the purposes of determining jurisdiction to determine custody of a child, a child’s home state is that state where . . .

A

1) the child has lived with a parent for at least 6 consecutive months; or 2) a state where the child lived for 6 consecutive months, but no longer lives, but who still has a parent living in that state.

4
Q

If a child has no home state, what court has jurisdiction to determine custody of the child?

A

where the child 1) has a significant connection to the state; and 2) where there is substantial evidence of the child’s wellbeing in that state.

5
Q

What if a child has no home state, and a state with a significant connection to the child declines to hear the case, what court has jurisdiction?

A

whatever state chooses to take deferred jurisdiction.

6
Q

What happens if a state declines deferred jurisdiction?

A

any state can then decide to take the case.

7
Q

In any custody or visitation case, the primary consideration is what?

A

the best interests of the child

8
Q

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

A

the wishes of the parents; the preference of the child; the relationship of the child with parents and siblings; the child’s adjustment to home, school and the community; the mental and physical health of the parties; and the parent who is the primary caregiver.

9
Q

When is the preference of the child given special consideration?

A

when they are over the age of 12.

10
Q

What are the types of child custody?

A

joint custody; sole custody; custody to a nonparent; and visitation rights.

11
Q

Joint Custody

A

joint legal custody, joint physical custody, or both.

12
Q

When will a court not grant joint custody?

A

where the parents are openly hostile with one another or are unable to communicate.

13
Q

Sole Custody

A

custody over a child is given to one parent when it is in the best interests of the child. The other parent has visitation rights if it is not dangerous for the child.

14
Q

When will custody be given to a nonparent as opposed to a parent?

A

where the nonparent can show 1) harm to the child; or 2) unfitness of the parent.

15
Q

After a court finds that there may be harm or unfitness of a parent, the court will do what in regards to the nonparent?

A

perform a best interest analysis.

16
Q

Parents have a right to visitation of their children unless . . .

A

if injury to the child may result.

17
Q

In what circumstances is third party visitation allowed?

A

divorce, separation of parents or death.

18
Q

When will custody be modified?

A

if there is a substantial material change of circumstances.

19
Q

In determining whether to modify custody, what will courts take into consideration?

A

the best interests of the child.

20
Q

When can someone bring a request to modify custody of a child?

A

usually one to two years after the order has been issued.

21
Q

When determining whether to allow a child’s relocation to another state, what do most states require?

A

notice to the other spouse and a hearing to determine whether relocation is permitted.

22
Q

In determining whether relocation of a child will be permitted, what do courts take into consideration?

A

1) the child’s best interests; 2) whether the move is motivated to benefit the family; and 3) whether the move is intended to thwart the relationship with the other parent.

23
Q

Child kidnapping is a ____________.

A

felony

24
Q

Under the federal Parental Kidnapping Prevention Act, states must enforce a custody order of another state, but only if . . .

A

the granting state had home state jurisdiction over the children.

25
Q

The Tender Years Doctrine

A

grants custody of a young child to the mother unless she is proven unfit.

26
Q

Is the tender years doctrine constitutional?

A

its constitutionality is suspect because it is biased based on gender.

27
Q

Will courts split up siblings?

A

generally, courts decline to separate siblings.