Child Custody Flashcards
What is legal custody?
The right of a parent to make major decisions, as contrasted with every day decisions, regarding the minor child. Typically includes areas of health, education, and religion.
What is physical custody?
The right to have the child reside with a parent in the obligation to provide for routine daily care and control of the child.
What is joint custody?
Statutory presumption that both parents are willing and able to cooperate with respect to the well-being of the child.
What is home state jurisdiction?
A court has subject manager addiction to preside over custody hearings and either enter a modify custody or visitation orders of the state:
(1) is the child’s home state (state which child has lived in with parent/guardian for at least 6 consecutive months prior to proceeding or since birth of child is less than 6 months old); or
(2) What is the child home stay in the past six months, and the child is absent from the state, but one of the parents or guardians continues to live in the state.
What is significant connection jurisdiction?
A court can enter or modify an order if (1) no other state has or accepts home state jurisdiction, (2) the child and at least one parent have a significant connection with the state, and (3) there is substantial evidence in the state concerning the child’s care, protection, training, and personal relationships.
What is default jurisdiction?
If no state has jurisdiction through home state jurisdiction or substantial connection jurisdiction, in a quart and a state that has appropriate connections to the child has jurisdiction.
What is exclusive continuing jurisdiction?
Courts that make the initial ruling in a custody case have exclusive jurisdiction over the matter until the court determines that: (1) the parties no longer reside in the state, or (2) the child no longer has significant connections to the state, and any substantial evidence connected to the child’s condition is no longer available in the state.
When can a court decline jurisdiction?
Courts consider a number of factors, including what our domestic violence has occurred in which state could best protect the parties in the child, length of time the child has resided outside the jurisdiction, and the distance between competing jurisdictions.
What is the standard for determining child custody?
The best interest and welfare of the child standard. Generally, a parent is in the best position to care for a minor child, unless the parent is determined to be unfit.
What rights do third parties have in custody determinations?
Unless a third-party can establish that the legal parent is unfit or that awarding custody to the legal parent would be detrimental to the child, legal parents are presumptively entitled to custody of their children in cases against third parties. However, if a natural parent has had little to no contact with the child, or if the child is lived with a third-party for an extended period of time, then courts have employed the terms parent by estoppel/de facto parent to get around the presumption.
What does the presumption regarding visitation by a non-custodial parent?
Generally, the non-custodial parent is allowed reasonable visitation with a minor child. Denial of visitation is unusual and typically only an issue when it would seriously endanger a child’s physical, mental, emotional health. Courts can place restrictions on the exercise of visitation.
Can third parties be granted visitation rights?
Visitation by third parties is typically limited to cases in which a stepparent and same-sex non-biological coparents have acted in loco parentis with a child prior to divorce. Absent such a relationship, there’s no protected right of a stepparent or non-biological coparent to have ongoing contact with the children after divorce or death of a natural parent.
 Can a parent to know non-parent visitation?
Yes, because they fit parent has a fundamental right to the care, custody, and control of his child. State courts must give “special weight” to a fit parent decision to deny nonparent visitation, which has been held to mean a very significant deference.
When does an unwed biological father have a substantive due process right to have contact with his child?
Only when the father demonstrates a commitment to the responsibilities of parenthood. Many states have imposed a two-year limit on the establishment of paternity by an unwed biological father.
Is a custodial parent permitted to relocate with the child?
Yes, but the court will evaluate the best interest of the child by looking at factors like: involvement with the child of the parent who’s not seeking relocation, age/needs of the child in the impact that proposed relocation will have on that development, ability to per preserve relationships, child’s preference, justifications for requesting or opposing relocation, and any other factors that affect the best interest of the child.
