Child Custody

Question 1

Legal Custody

Answer 1

Right of a parent to make major decisions about the child’s life (e.g., health, education, religion)

Question 2

Physical Custody

Answer 2

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

Question 3

Joint Custody

Answer 3

Parents are both willing and able to cooperate with respect to the wellbeing of the child

Question 4

Who has the superior right to make major decisions in joint legal custody?

Answer 4

Neither parent

Question 5

Does joint physical custody require 50/50 time sharing?

Answer 5

No

Question 6

What 2 ways can a court have SMJ to preside over custody hearings and either enter/modify custody or visitation orders?

Answer 6

1. 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
2. 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.

Question 7

What are the 3 requirements for a state with significant connections with a child to modify or enter a child custody order?

Answer 7

1. No other state has or accepts home-state jx;
2. The child and at least one parent have a significant connection with the state; and
3. There is substantial evidence in the state about the child’s care, protection, training, and personal relationships.

Question 8

When is default jurisdiction applicable?

Answer 8

Where no state has jx through home-state or significant connection and the default jx has appropriate connections to the child

Question 9

When is temporary jurisdiction applicable?

Answer 9

When a child is in danger and requires immediate protection

Question 10

Best Interest and Welfare of the Child

Answer 10

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

Question 11

Who has discretion when a child’s preference is considered?

Answer 11

The Judge

Question 12

What parenting time is a noncustodial parent allowed?

Answer 12

Reasonable visitation

Question 13

When is a noncustodial parent denied parenting time?

Answer 13

When it would seriously endanger a child’s physical, mental, or emotional health.

Question 14

Can restrictions be placed on a noncustodial parent’s visitation time?

Answer 14

Yes

Question 15

What rights does a “fit parent” have?

Answer 15

A fundamental right to the care, custody, and control of his children.

Question 16

What weight does a fit parent’s decision regarding third-party visitation carry?

Answer 16

Special weight

Question 17

What are the rights of a Grandparent’s visitation?

Answer 17

Rights subject to the special weight given by the fit parent

Question 18

What are the rights of an unwed biological father’s visitation?

Answer 18

Substantive due process right to have contact with his child if he demonstrates a commitment to the responsibilities of parenthood

Question 19

When does a sexual relationship or cohabitation affect visitation rights?

Answer 19

When the cohabitation has an adverse impact on the children

Question 20

When can a custody order be modified?

Answer 20

When there is a substantial and unforeseen change in circumstances

Question 21

What is the burden for a modification of a custody order?

Answer 21

Preponderance of the evidence and the best interest of the child

Question 22

What happens when a custodial parent relocates out of the state or more than 100 miles from the child’s residence?

Answer 22

Court approval unless the parent consents to the location, or the child’s two residences were already more than 100 miles apart

Question 23

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?

Answer 23

By a preponderance of the evidence that the change is in the child’s best interest and on the party requesting a location change

Question 24

Is an evidentiary hearing required for a relocation change when the parent sharing legal custody doesn’t consent?

Answer 24

Yes

Question 25

Is an evidentiary hearing required for a relocation change when the parent with sole custody requests a location change?

Answer 25

No

Question 26

What 2 circumstances terminates a child custody order?

Answer 26

Child reaches age of maturity or the custodial parent’s death.

Question 27

When is parental consent required for a child’s medical care?

Answer 27

ALWAYS - regardless of marital status

Question 28

When is involuntary termination of child custody permitted?

Answer 28

desertion, incapacity, abuse, etc.

Question 29

What is the burden of proof for involuntarily terminating a parent’s custody rights?

Answer 29

Clear and convincing evidence