Child Custody

Question 1

what’s the current trend for custody

Answer 1

joint custody

Question 2

what do fit parents have????

Answer 2

a fundamental liberty interest in care of kids

Question 3

factors to consider for best interests

Answer 3

• kid’s preferences (will have weight)
• primary caretaker
• DV
• friendly parent
• parent’s lifestyle
• parenting time
• characteristics and needs of kid
• characteristics of those seeking custody
• home environment
• relationship of parent and kid

Question 4

what role do experts play

Answer 4

can talk about psychological parent for when kid is too little to say who they prefer

Question 5

what is the primary caretaker preference

Answer 5

favors awarding custody to the primary caretaker if there is no showing that the primary caretaker is unfit to be the custodian

Question 6

what are the assumptions of the primary caretaker preference

Answer 6

-child will have the closest bond with the day to day caregiver.
-this person represents stability to the child
-allowing the courts to define a psychological parent

Question 7

how is primary caretaker considered

Answer 7

as one of many factors. all states consider it

Question 8

how does DV play in

Answer 8

presumption that batterer won’t get custody

Question 9

what do we need for a custody modification

Answer 9

1. unanticipated substantial change of material fact
2. best interests of the child - UMDA requires 2 year wait unless super serious

DV could count

Question 10

what does Oregon say about DV and custody

Answer 10

1. DV is relevant
2. rebuttable presumption that it’s not in kid’s best interest to be with perpetrator

Question 11

what is friendly parent presumption

Answer 11

gives kid to parent most likely to help them foster relationship with other parent

Question 12

factors for considering parent’s lifestyle

Answer 12

-friends
-hobbies
-engaging in dangerous activities
-wealth
-romantic relationships

Question 13

how does Oregon evaluate parent lifestyle

Answer 13

court shall consider the conduct, marital status, income, social environment or lifestyle of either party only if it is shown that any of these factors are causing or may cause emotional or physical damage to the child – must be link

Question 14

what counts as harm to kid in oregon

Answer 14

physical and emotional

Question 15

can court modify custody because parent has new wacky relationship

Answer 15

no - can’t give weight to private stigmatization

Question 16

difference between legal and physical custody

Answer 16

legal – decision making power
physical – where kid lives

Question 17

what does Oregon say about joint legal custody

Answer 17

does not deal with parenting time

court won’t order it unless they both agree, and if they do court must grant

Question 18

what to consider for legal joint custody

Answer 18

do parents agree?
can they cooperate to make decisions?

Question 19

what is joint physical custody

Answer 19

doesn’t indicate the percentage split, just that each will get significant time with kid

Question 20

what does Oregon say about joint physical custody

Answer 20

encouraged to do it while they can, parent with parent time has residual authority to make day to day decisions while kid is with them

Question 21

what’s another weirdo way to do custody

Answer 21

allocating specific areas of expertise among the parents

Question 22

when is parenting time normally denied

Answer 22

only if it would seriously endanger kid

Question 23

how does relocation factor in

Answer 23

CAN constitute a material change in circumstance and warrant reconsideration of child custody to serve best interests

Question 24

what does Weiner think about relocating

Answer 24

custodial parent should have to prove best interest of child to stay in community. continuity of care is important, court should always ask if noncustodial parent can move too

Question 25

what if you relocate without permission

Answer 25

contempt, civil/criminal ramification