Child Custody Flashcards
what’s the current trend for custody
joint custody
what do fit parents have????
a fundamental liberty interest in care of kids
factors to consider for best interests
- 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
what role do experts play
can talk about psychological parent for when kid is too little to say who they prefer
what is the primary caretaker preference
favors awarding custody to the primary caretaker if there is no showing that the primary caretaker is unfit to be the custodian
what are the assumptions of the primary caretaker preference
-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
how is primary caretaker considered
as one of many factors. all states consider it
how does DV play in
presumption that batterer won’t get custody
what do we need for a custody modification
- unanticipated substantial change of material fact
- best interests of the child - UMDA requires 2 year wait unless super serious
DV could count
what does Oregon say about DV and custody
- DV is relevant
- rebuttable presumption that it’s not in kid’s best interest to be with perpetrator
what is friendly parent presumption
gives kid to parent most likely to help them foster relationship with other parent
factors for considering parent’s lifestyle
-friends
-hobbies
-engaging in dangerous activities
-wealth
-romantic relationships
how does Oregon evaluate parent lifestyle
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
what counts as harm to kid in oregon
physical and emotional
can court modify custody because parent has new wacky relationship
no - can’t give weight to private stigmatization
difference between legal and physical custody
legal – decision making power
physical – where kid lives
what does Oregon say about joint legal custody
does not deal with parenting time
court won’t order it unless they both agree, and if they do court must grant
what to consider for legal joint custody
do parents agree?
can they cooperate to make decisions?
what is joint physical custody
doesn’t indicate the percentage split, just that each will get significant time with kid
what does Oregon say about joint physical custody
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
what’s another weirdo way to do custody
allocating specific areas of expertise among the parents
when is parenting time normally denied
only if it would seriously endanger kid
how does relocation factor in
CAN constitute a material change in circumstance and warrant reconsideration of child custody to serve best interests
what does Weiner think about relocating
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
what if you relocate without permission
contempt, civil/criminal ramification
