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Flashcards in CUSTODY/VISITATION Deck (13)
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1

UCCJA- Uniform Child Custody Jurisdiction Act

always subject to modification

2

PKPA- Parental Kidnapping Prevention Act

-CONST. AUTH under COMMERCE POWERS
-whoever was FIRST STATE to give juris, THAT juris. would have FF and C for continuing juris.

3

UCCJEA- Uniform Child Custody Jurisdiction and Enforcement Act

-incorp. UCCJA and PKPA provisions
-prioritizes alternatives that were in the UCCJA

4

ALTERNATIVES UNDER UCCJEA

HOME STATE
-at time of commencement of proceed. OR within 6 mo before commence AND child absent bc of retention by other parent and petitioner contin. to live in state

ESTAB. PRIORITY
-sign. connection with state AND substantial ev. regarding care, protection, training, relationships

CONTIN. EXCLUSIVE
-NOBODY has sign. contacts AND sub. ev of care no longer available in state
-"no one" resides in ordering state

TEMP EMERG. JURIS.
-court has juris. bc of some emerg. until time to make reasonable conclusions

5

WRONGFUL TAKING OR RETENTION

if action brought within one year of act, must return child unless defense applies

6

WRONGFUL TAKING OR RETENTION DEFENSES

1. parental CONSENT or
2. subseq. ACQUIES.
3. "grave risk" of phys. or psych. harm (well founded fear)
4. objection by child of suitable age

7

IPKA

felony to remove child from US juris.

8

IPKA DEFENSES

1. D acted pursuant to a lawful court order
2. was fleeing an incident of domestic violence OR
3.was unable to return child for circumstances beyond D's control

9

TENDER YEARS DOCTRINE

rebuttable presumption that a young child BELONGED with its mother

10

BEST INTERESTS OF THE CHILD

1. parents wishes
2. childs wishes
3. interaction/relationship of child
4. childs adjustement AND
5. mental and physical health of all ind. involved

11

RELIGIOUS RTS AND CUSTODY

-GENERALLY parent with custody decides
- IM ABSENCE OF A CLEAR SHOWING OF SUBST. HARM TO THE CHILD, parent without decision making authority RETAINS constit. rt to EDUCATE the child in the parents religion

12

CUSTODY MODIFICATION

only when SUBSTANTIAL CHANGE OF CIRCUMSTANCE

13

2 WAYS TO APPROACH RELOCATION

1. if PRIMARY wants to-->
-good faith reason AND
- move not against childs interest

2. if 50/50 custody-->
-change of circumstance analysis regarding BEST INTEREST (stability, etc)