CUSTODY/VISITATION

Question 1

UCCJA- Uniform Child Custody Jurisdiction Act

Answer 1

always subject to modification

Question 2

PKPA- Parental Kidnapping Prevention Act

Answer 2

• CONST. AUTH under COMMERCE POWERS

- whoever was FIRST STATE to give juris, THAT juris. would have FF and C for continuing juris.

Question 3

UCCJEA- Uniform Child Custody Jurisdiction and Enforcement Act

Answer 3

• incorp. UCCJA and PKPA provisions

- prioritizes alternatives that were in the UCCJA

Question 4

ALTERNATIVES UNDER UCCJEA

Answer 4

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

Question 5

WRONGFUL TAKING OR RETENTION

Answer 5

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

Question 6

WRONGFUL TAKING OR RETENTION DEFENSES

Answer 6

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

Question 7

IPKA

Answer 7

felony to remove child from US juris.

Question 8

IPKA DEFENSES

Answer 8

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

Question 9

TENDER YEARS DOCTRINE

Answer 9

rebuttable presumption that a young child BELONGED with its mother

Question 10

BEST INTERESTS OF THE CHILD

Answer 10

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

Question 11

RELIGIOUS RTS AND CUSTODY

Answer 11

• 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

Question 12

CUSTODY MODIFICATION

Answer 12

only when SUBSTANTIAL CHANGE OF CIRCUMSTANCE

Question 13

2 WAYS TO APPROACH RELOCATION

Answer 13

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)