child custody

Question 1

list (2)

home state jx

(primary test)

Answer 1

ct has jx to initially enter or modify a child custody or visitation agreement if:

1. state is child’s home state -OR-
2. was child’s home state ^{(lived in state for at least 6 consecutive months before filing request to change/modify custody agreement)} and child is absent from the statebut a parent or guardian continue to live in the state
   
   1. NOTE: temp absences dont affect consecutiveness

EXAMPLE: H+W married in CA and had one kid. Upon separation, W takes kid to MA to live with her parents. For the first six months of her absence, CA is the home state and thus, the ct that has jx. H continues to live in CA.

Question 2

list (2)

home state rule does not apply

Answer 2

1. if no other state has or accepts home state jx -and-
   
   1. child + at least 1 parent have a significant connection with the state -and-
   2. substantial evidence concerning the child is available in the state

rule also applies for modificaton or entering a child custody agreement

Question 3

even if there is jx, cts can still decline jx bc of

Answer 3

inconvinient forum

Question 4

list (6)

BIOC standard

(best interest of child)

Answer 4

1. parental preference
2. child’s preference - under 8 not that much attn given but over 12 great weight given
3. child’s relationship with parents, siblings, family etc
4. childs adjustments to home, school, cmmty
5. parties physical and mental health
6. who has been primary care giver of child

Question 5

list (3)

types of custody

Answer 5

1. joint - most common/encouraged
2. sole - awarded if in BIOC
3. custody to a nonparent - need to show BIOC and harm will result to child if child stays w parent

Question 6

list (2)

visitation

Answer 6

1. parental - can limit but absolute denial rare
2. nonparental - usually granted under extraordinary circumstances i.e. parents die or divorce, but ultimately a fit parent’s decision is king and special weight must be given to override

Question 7

modification of custody decrees

Answer 7

BOP : party seeking change

show: modification because there has been a substantial and material change in circumstances that affect BIOC

Question 8

presumption of parentage

Answer 8

mother’s husband assumed to be father if child born during marriage or within 300 days of the marriage’s termination and applies even if marriage void or voidable