Child Custody Flashcards
What are the two kinds of custody?
Legal custody and physical custody, both of which can be shared
Under the Uniform Child Custody Jurisdiction and Enforcement Act, which court has jurisdiction to preside over custody hearings and modify custody or visitation orders?
The court that:
- Is in the child’s home state; or
- Was the child’s home state in the past six months and the child is absent from the state, but one of the parents/guardians continues to live in the state
If no other state accepts home state jurisdiction, when can the court preside over custody hearings or modify custody or visitation orders
If:
- The child and at least one parent has a significant connection with the state; and
- There is substantial evidence in the state concerning the child’s condition
For how long does the court making an initial custody determination have jurisdiction?
It has exclusive continuing jurisdiction until the court determines that:
- The parties no longer reside in the state; OR
- The child has no significant connection to the state AND any substantial evidence related to the child’s condition is no longer in the state
When can a court, with either initial or exclusive jurisdiction over a custody determination, decline to exercise jurisdiction?
When it finds the forum to be inconvenient, considering factors such as:
- DV
- Time child has lived outside PA
- Distance between the PA court and the other state’s court
- Financial circumstances
- Location of evidence
- Agreements of the parties
- Familiarity and ability of other courts
When does a court have temporary emergency jurisdiction over a child?
In cases of abandonment, mistreatment, or abuse
How can a custody order from another state be registered in PA?
Sending two copies to an appropriate PA court
When will a petitioner be awarded physical possession of a child pursuant to a custody order?
Immediately, unless the respondent can show:
- The custody or visitation order was not registered;
- The issuing court lacked jurisdiction;
- The order had been stayed or vacated;
- Respondent was owed, but not given, notice for the order; OR
- the order was registered and confirmed, but stayed, vacated, or modified
What is the standard of determining who gets child custody?
Best interests of the child. Relevant factors include:
- Safety (paramount concern)
- party likely to encourage continuing contact
- Parental duties performed for child
- Stability/continuity
- Availability of extended family
- Relationships with siblings
- etc.
Can race or religion be used as factors in determining custody?
No
Can the parents’ prior sexual conduct be considered in determining custody?
No
When can a grandparent seek custody when in the best interests of a child?
- Began the relationship with the child with the consent of a parent or by court order;
- Willing to assume responsibility; and
- the child is (a) a juvenile delinquent; (b) substantially at risk; or (c) grandparent has taken on role of parent for at least 12 months
Is there a presumption that custody should be awarded to a particular parent?
No
In action for custody between the parent of a child and a non-parent, is there a presumption in favor of the parent?
Yes, but it may be rebutted by clear and convincing evidence
What standard is applied for the visitation rights of third parties?
best interests of the child
