Child Custody

Question 1

Is joint custody typically an equal 50/50 split?

Answer 1

Not necessarily. It has more to do with parental cooperation and sharing decision making

Question 2

What is the purpose of UCCJEA?

Answer 2

Dictate which court has jurisdiction to decide child custody and visitation

Question 3

What is the priority of courts to determine jurisdiction for UCCJEA purposes?

Answer 3

Has a court already made a determination? Exclusive continuing jurisdiction – unless both parties no longer reside in the state OR child no longer has significant connection to the state

No established agreement? Home state Jurisdiction – child’s home state for at least six months or since birth if less than six months

No home state? Significant connection jurisdiction– no other state accepts jurisdiction, child and at least one parent have significant connection with the state (with evidence showing care/protection/training/relationships)

Question 4

What are the best interests of the child standard for determining custody?

Answer 4

Primary caretaker
Child’s preference
Race or religion – not an issue
Third party rights – grandparents, stepparents, etc. may have rights

BUT

Troxel presumption – fit parent is entitled to care/custody of their child

BUT

If parent has little or no contact with the child or child has lived with third party for some time, courts may exercise “parent by estoppel”

Question 5

Do unwed biological fathers have due process rights for visitation?

Answer 5

Yes, when they establish a commitment to the responsibilities in child rearing or providing support

Question 6

What are the relocation factors that courts consider when one parent wants to move out of state?

Answer 6

Legitimate and reasonable purpose factors:

Best interests of the child
Relationship of non-relocating parent with the child
Age/needs of the child
Child’s preference
Quality of life relocating parent and child

UCCJEA will determine which court can make the decision