Divorce - Child Custody

Question 1

What is physical & legal custody?

Answer 1

• Physical custody
  
  • where the child primarily resides
• Legal custody
  
  • right to make decisions about the child
    
    • helaht, education, welfare, religion

Question 2

Parental rights

Answer 2

• natural parents/biological have superior right over any other person to the custody of the child

Question 3

In a contest for custody what needs to be shown to prevail over the natural parent’s rights?

Answer 3

• natural parent did:
  
  • surrender the child
  • abandon the child
  • unfit
  • they persistently neglected the child
  • other extradinary circumstances

Question 4

Appointment of a guardian

Answer 4

• upon the death of either, the surviving parent can appoint a guardian for a child under 18 & their property

Question 5

What are the best interest of the ch9ild standfards?*************

Answer 5

• Ct can use its discretion:
  
  • existence of prior agreement
  • quality of homelife
  • financial status of each
  • individual need of each child
  • child expressed reference considering age & maturity
  • wishes of child considered
    
    • confidential interview w/child
  • close familial realionship
  • mental health
  • parent creditability, personal association, achievements, conduct
  • past parental performance
  • totality of the circumstances

Question 6

When will joint custody be awarded?

Answer 6

• when in best interest of the child
• NOT if there is so much hostility between the parents

NOTE - parent fault of the divorce may be considered but look at best interest of a child

a non-parent may also be awarded custody

Question 7

When is visitation awarded?

Answer 7

• best interest of the child
• non-custodial parent granted unless risk of harm to child
• siblings have standing to seek visitation
• biological strangers will not be granted under the objection of natural parents even if grandparents

Question 8

How is child custody modified?

Answer 8

• significant change in circumstances in the best interest of the child
  
  • Disability of the parent is not automatic change
  • custody transfer b/c custodial parent habitation negatively effects the child
  • Does not consider parent status but their conduct

Question 9

What can a court do if a parent interfers w/ the non-custodial parent visitation rights

Answer 9

• ct may modify custody arrangements

Question 10

What are orders of protection?

Answer 10

• Ct can issue
  
  • require pty to stay away from home
  • permit a parent to visit @ certain period
  • abstain from certainc conduct
  • proper attention of care to the home
    
    • rats
  • refrain from acts of commission/ommission that makes home not proper for child
    
    • drugs, etc
  • pay reasonable counsel fees
• WHEN
  
  • in final judgment