Child Custody

Question 1

What is the standard for court to determine parental responsibility and time-sharing?

Answer 1

best interest of the child (we don’t care about the parents)

Question 2

What is the parental responsibility policy in Florida?

Answer 2

the court must granted shared parental responsibility unless it would be detrimental to the child/ren

Question 3

Parenting plan:

Answer 3

• Document that governs the parents relationship with respect to the child
• must be approved by the court
• parties can develop a plan and then get court approval; OR
• if parties can’t agree court will send parties to mediation or develop a plan on its own

Question 4

parental relocation:

Answer 4

• if a parent wants to move at least 50 miles from their house they need court permission
• if the other parent objects to the move then the court looks at BIC
• the parenting plan may be modified accordingly

Question 5

Can custody orders be modified?

Answer 5

Yes if there is substantial change in circumstances that affect the BIC

(i.e. parent with primary parental responsibility remarries and the new spouse is violent, uses drugs, etc.)

Question 6

Is a noncustodial parent entitled to visitation?

Answer 6

Yes, and parenting time will almost never be denied unless it poses a danger to the child

Question 7

Are non parents entitled to visitation with a child?

Answer 7

No, the SCOTUS has held the court can’t substitute its judgment for that of the parent; parents have a constitutional right to raise their children and thus have ultimate say in decisions regarding third party visits of their children; a non parent seeking visitation would have to show it would cause detriment to child

Question 8

When does a court have jurisdiction to enter or modify child custody/ visitation order under the ICCJEA?

Answer 8

the jurisdiction is the home state of the child (I.e. where the child has lived w/ a parent for at least 6 months before beginning of proceedings

Question 9

What if no state qualifies as the home state?

Answer 9

the state that was the child’s home state six months ago

Question 10

Exclusive continuing jurisdiction under the UCCJEA:

Answer 10

the court making the initial determination has continuing jurisdiction until the court determines: (1) the child or either parent resides in the state; or (2) child has no significant connection with the state

Question 11

When does a court have jurisdiction to enter/ modify an order if the home state rule doesn’t apply?

Answer 11

(1) the child and at least one parent has a significant connection to the state; and (2) substantial evidence concerning the child is available in that state