11. Child Custody Flashcards
What are the types of child custody?
Legal custody
- Right to make major decisions affecting child’s life
Physical custody
- Right of actual possession + control of child
What is required for Court to assume jurisdiction to enter child custody order?
Home state jurisdiction
- Child + Parent (6 consecutive months)
- Child (last 6 months) + Parent continues to live there
Non-Home State Jurisdiction
- Child’s significant connection + well-being evidence
Declining Home State Jurisdiction
- State can assume deferred jurisdiction
No other state exercises jurisdiction
- Any state can exercise jurisdiction by default
When is modification not allowed?
NO longer home state jurisdiction/non-home state jurisdiction
When may Court not exercise jurisdiction?
Proceedings pending elsewhere
Unjustifiable conduct
Inconvenient forum
When may court exercise temporary emergency jurisdiction?
Abandonment of child
Necessary emergency
What type of custody awards are there?
Joint custody award
- Agreement between parents
- UNLESS unable to communicate/separate
Custody award to parent
- Child’s best interest
Custody to non-parent
- Unfit parent
- Special circumstances (abandonment, neglect, abuse, surrendered custody)
What is required for modification of custody awards?
Substantial change of circumstances
1-2 years
How may custody awards be enforced?
State habeus corpus proceedings
- Physical custody
Suit in equity
- Enjoin conduct
Child kidnapping
- File custody order in new state
What is the rule for visitation?
Parent visitation
- If injury to child => NO visitation
Non-parent visitation
- Parent’s death => Visitation
- Parent’s divorce => Visitation
What factors do Court consider when deciding relocation of primary residence of child?
Child’s best interest
Motivated by benefit to Parent
NOT intended to thwart other parent’s relationship
