Child Custody Flashcards
Legal Custody
Right of a parent to make major decisions about the child’s life (e.g., health, education, religion)
Physical Custody
Right of a parent to have the child reside with the parent and the obligation to provide for routine daily care/control of the child
Joint Custody
Parents are both willing and able to cooperate with respect to the wellbeing of the child
Who has the superior right to make major decisions in joint legal custody?
Neither parent
Does joint physical custody require 50/50 time sharing?
No
What 2 ways can a court have SMJ to preside over custody hearings and either enter/modify custody or visitation orders?
- The child’s home state and has been the home state for a period of six months or since birth if the child is less than six months old; or
- The state was the home state in the past six months, and the child is absent from the state, but a parent continues to live in the state.
What are the 3 requirements for a state with significant connections with a child to modify or enter a child custody order?
- No other state has or accepts home-state jx;
- The child and at least one parent have a significant connection with the state; and
- There is substantial evidence in the state about the child’s care, protection, training, and personal relationships.
When is default jurisdiction applicable?
Where no state has jx through home-state or significant connection and the default jx has appropriate connections to the child
When is temporary jurisdiction applicable?
When a child is in danger and requires immediate protection
Best Interest and Welfare of the Child
Standard to follow when determining child custody which considers: emotional ties; ability to provide love; ability to provide a stable living environment; permanence of custodial home; health; school; child’s preference
Who has discretion when a child’s preference is considered?
The Judge
What parenting time is a noncustodial parent allowed?
Reasonable visitation
When is a noncustodial parent denied parenting time?
When it would seriously endanger a child’s physical, mental, or emotional health.
Can restrictions be placed on a noncustodial parent’s visitation time?
Yes
What rights does a “fit parent” have?
A fundamental right to the care, custody, and control of his children.
What weight does a fit parent’s decision regarding third-party visitation carry?
Special weight
What are the rights of a Grandparent’s visitation?
Rights subject to the special weight given by the fit parent
What are the rights of an unwed biological father’s visitation?
Substantive due process right to have contact with his child if he demonstrates a commitment to the responsibilities of parenthood
When does a sexual relationship or cohabitation affect visitation rights?
When the cohabitation has an adverse impact on the children
When can a custody order be modified?
When there is a substantial and unforeseen change in circumstances
What is the burden for a modification of a custody order?
Preponderance of the evidence and the best interest of the child
What happens when a custodial parent relocates out of the state or more than 100 miles from the child’s residence?
Court approval unless the parent consents to the location, or the child’s two residences were already more than 100 miles apart
What is the burden of proof and who is the burden on for a relocation change when the parent sharing legal custody doesn’t consent?
By a preponderance of the evidence that the change is in the child’s best interest and on the party requesting a location change
Is an evidentiary hearing required for a relocation change when the parent sharing legal custody doesn’t consent?
Yes
Is an evidentiary hearing required for a relocation change when the parent with sole custody requests a location change?
No
What 2 circumstances terminates a child custody order?
Child reaches age of maturity or the custodial parent’s death.
When is parental consent required for a child’s medical care?
ALWAYS - regardless of marital status
When is involuntary termination of child custody permitted?
desertion, incapacity, abuse, etc.
What is the burden of proof for involuntarily terminating a parent’s custody rights?
Clear and convincing evidence
