Parenting Issues

Question 1

What is shared parental responsibility?

Answer 1

The court will order that parental responsibility for a minor child be shred unless the court finds that shared parental responsibility would be detrimental to the child

Question 2

What is the ultimate responsibility concept of shared parental responsibility?

Answer 2

The court may grant to one party the ultimate responsibility over specific aspects of the child’s welfare based on the best interests of the child
(may be education, health care, etc.)

Question 3

What is sole parental responsibility?

Answer 3

If the court determines that shared parental responsibility would be detrimental to the child, it may order sole parental responsibility

Question 4

What is a parenting plan?

Answer 4

sets out every aspect of the child’s day-to-day life

Question 5

What is required for a parenting plan?

Answer 5

A parenting plan must be approved by the court, and it must describe in adequate detail how the parents will share and be responsible for:

(1) tasks
(2) schedule
(3) healthcare, school-related matters, and other activities
(4) outline of technology used to communicate with the child

Question 6

What is the best interests of the child standard?

Answer 6

The primary consideration when

(1) establishing or modifying parental responsibility; and
(2) creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule

Question 7

What are the 5 most important factors for the court to consider when making the overall determination of what is in the best interest of the child?

Answer 7

(1) child’s preference (the older the child, the more weight is given; over 16 - slam dunk)
(2) a parent’s ability to allow parenting time with the other parent
(3) extent to which visitation with the other parent is allowed
(4) abilities of each parent
(5) abuse

Question 8

What factors can a court not consider for best interests of the child?

Answer 8

interracial relationships and same-sex relationships between a parent and a non-party are not legitimate considerations

Question 9

When can time-sharing an d parenting plans be modified?

Answer 9

Upon a showing of substantial change in circumstances affecting the child’s welfare.
Substantial change of circumstances includes: changes in the child’s needs, changes in the parent’s circumstances, and the failure of the prior parenting plan

Question 10

What is the standard of proof for modification or time-sharing or parenting plans?

Answer 10

parent has to show that the substantial change of circumstances is material, significant, and not anticipated at the time of the original parenting plan was ordered

Question 11

What is the military service statute?

Answer 11

If a modification action was filed while one parent is activated, deployed, or temporarily assigned to military service, the court can make only a temporary modification (the prior arrangement will be reinstated when the parent returns from service)

Question 12

What is required if one parent wants to relocate with a child to a principal residence more than 50 miles away? (CAWS)

Answer 12

If the parents agree to the relocation, a WRITTEN agreement must be signed with the following:

(1) consent to the re-location
(2) a new time-sharing schedule for the non-relocating parent; and
(3) descriptions of any transportation arrangements related to that schedule

Question 13

Regarding relocation, if an agreement is not reached, any parent who is entitled to time-sharing must notify the other parent if they are proposing to relocate. What must be included in the notice?

Answer 13

(1) location and phone number of the intended new residence
(2) date of the intended move
(3) detailed statement of the specific reasons for the proposed relocation
(4) proposal for post-relocation time-sharing schedule and transportation

Question 14

What is the burden of proof for a parent who wants to relocate?

Answer 14

the initial burden is on the parent wanting to relocate by a preponderance of the evidence that relocation is in the best interests of the child

Question 15

What factors does the court consider in ruling on a proposed relocation? (Best interest of the child + WAGERS)

Answer 15

(1) nature of established relationships with family nearby
(2) primary caregiver
(3) age and developmental stage of the child
(4) preserving parent-child relationship with non-relocating parent
(5) child’s preference
(6) enhance life for the child
(7) better quality of life for the parent
(8) substance abuse or spousal abuse

Question 16

What rights to grandparents have to time-sharing

Answer 16

None - intrusion on the parent’s right to privacy

Question 17

When will time-sharing be denied to a parent?

Answer 17

If it’s detrimental to the child

Question 18

If a parent wants to restrict time-sharing for the other parent, what does the complaining parent have to show?

Answer 18

Conduct harmful to the child or spousal abuse. A rebuttable presumption is created for the non-complaining parent to overcome if either is established:

(1) past abuse
(2) evidence of crimes involving minors

Question 19

How is child support calculated?

Answer 19

It’s in a statute and is based on:

(1) net income
(2) time spent with the child by each parent

Question 20

When can a court deviate from the child support guidelines?

Answer 20

Court can deviate above or below guidelines by 5% without justification. If more than 5%, must put reasons in writing.

Question 21

What does a court consider in deviating from the child support guidelines?

Answer 21

(1) child’s independent income (not including social security)
(2) child’s special needs
(3) child’s special activities or private schooling

Question 22

If a parent wants a modification to child support, what must they show?

Answer 22

a substantial change in circumstances in:

(1) a party’s ability to pay
(2) the child’s needs
(3) a change in the time-sharing schedule that raises it above or below the 40% threshold