Child Custody Flashcards
Custody Defined
legal custody (right to make major decisions affect the child's life) or physical custody (actual possession and control of the child. Joint custody can mean either one or the other or both.
Initial custody determination
Primary test - home state jurisdiction
the court has jurisdiction to initially enter or modify … if (1) is the child’s home state or (2) was the child’s home state within the past six months and the child is absent from the state, but a partent continues to live in the state. (Six consecutive months with parent immediately before the proceeding.
The home state does not apply
If no other state has or accepts home state and (1) child and at least one parent has a substantial connection with the state and (2) substantial evidence concerning the child is available in the state.
Exclusive and continuing jurisdiction
The court that made the initial order has exclusive and continuing jurisdiction until the court determines that (1)neither the child nor the child’s parents continue to reside in the state or (2) the child no longer has a significant connection with the state and substantial evidence relating to the matter is no longer available in the state.
Court decline jurisdiction
When not convenient forum or party has engaged in unjustifiable conduct.
Temporary Jurisdiction
For abandonment or threat of abuse.
Best Interest Standard
factors (1) wishes of the child (2) wishes of the parents (3) the child’s relationship with the parents, siblings, and others, (3) the child’s adjustment to school home and community (4) and the physical and mental health of all parties.
Children over 12 are given great weight to preference.
The primary caregiver is the one involved most with the child’s day-to-day life.
Visitation
When one parent is awarded sole custody must give reasonable visitation rights.
Modifiable
Only when there is a substantial or material change in circumstances.
