Child Custody

Question 1

Where is initial child custody jurisdiction proper?

Answer 1

“Home State Jurisdiction”
* A child’s home state is the state where the child has lived with a parent for at least six months (or since birth if the child is under 6 months old)
* If no state meets that test, jurisdiction is proper in the state that was the home state 6 months ago

Question 2

Where is jurisdiction proper once an order has been entered?

Answer 2

The court that made the initial child custody or visitation determination has continuing and exclusive jurisdiction to modify until:
* Neither the child nor either parent continue to reside in the state or
* The child no longer has a significant connection with the state and substantial evidence relating to the child is no longer available in the state
* Only the issuing state can determine if the second test is met, and even when the state is no longer home state, continues to have jurisdiction if the child has significant connection with the state

Question 3

What issues should be considered when considering joint custody?

Answer 3

Location and ability to cooperate

Question 4

May a non-parent petition for custody?

Answer 4

Yes, and best interest standard applies, but there’s a presumption that keeping the child in the custody of the biological parent is in the best interest of the child
* To overcome the presumption, nonparent petitioner typically must show biological parent is unfit

Question 5

What is the significance of parental relocation?

Answer 5

Court requires 30 days’ advance written notice of plans to relocate and will only allow child to be removed from VA if in best interests
* Court evaluates whether motivation for relocation is legit
* Inquire whether non-custodial parents’ connection with child will be interrupted
* May lead to change of custody

Question 6

When may a custody order be modified?

Answer 6

When there is a change in circumstances that affects the best interests of the child

Question 7

What are the rules for non-custodial parental visitation?

Answer 7

Rarely denied, and will only be denied if it poses a danger to the child, and even then courts will often order supervised visitation rather than denying it

Question 8

What are the rules for non-parent visitation?

Answer 8

• Consistent with constitutional rights under DPC, parents’ determination regarding third-party visitation (including grandparents is given substantial weight
• To override parents’ objections, nonparent must show that not only would visitation be in the child’s best interests, but denial would be a detriment to the child