Child Custody Flashcards
1
Q
Is ct bound by custody provision in PMA?
A
No
2
Q
Ct decides custody based on what?
A
Best interests of child
3
Q
What factors are considered for joint custody under the BIOC test?
A
- Fitness of parents
- Whether they agree on joint custody
- Ability to communicate and cooperate
- Preference of children
- Level of involvement in children’s lives
- Proximity of parents’ homes
- Effect on children’s psychological development
4
Q
Cts may also consider what?
A
Which parent was primary caregiver
5
Q
The preference of children over what age are given great weight?
A
12
6
Q
Tender years doctrine?
A
Grants custody of young child to mother unless she is proven unfit
BUT Questionable constitutional validity due to gender-based bias
7
Q
Re: siblings?
A
Many cts feel it is best not to split up siblings
