Child Custody Flashcards

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1
Q

Legal custody

A

The right of a parent to make major decisions regarding the child (health, education, religion)

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2
Q

Physical custody

A

The right to have the child reside with a parent or guardian and the obligation to provide routine daily care and control of the child.

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3
Q

Home-state jurisdiction

A

A court has SMJ to decide child custody and visitation if it is:
* The child’s home state; or
* Was the child’s home state in the past six months, and the child is absent, but one of the parents still lives there.

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4
Q

Significant-connection jurisdiction

(if home-state jurisdiction is not met)

A

A court can enter or modify an order if:
* The child and at least one parent have a significant connection with the state; and
* There is substantial evidence in the state concerning the child’s care, protection, training, and personal relationships.

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5
Q

Exclusive-continuing jurisdiction

A

Courts that make the initial ruling over custody have exclusive continuing jurisdiction until:
* Both parties no longer reside in the state; or
* The child no longer has a significant connection to the state

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6
Q

Best Interests of the Child Standard

(child custody)

A
  • Primary-Caretaker
  • Child’s Preference
  • Race or religion: not applicable
  • Third party rights: legal parents have presumption, unless unfit or detrimental to the child
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7
Q

Denying visitation

A

A court may deny visitation if contact would seriously endanger a child’s physical, mental, or emotional health.

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8
Q

Unwed biological father visitation

A

Only has a right to visitation if he demonstrates a commitment to the responsibilities of parenthood.

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9
Q

Third party visitation rights

A

Typically limited to when the third party acted in loco parentis with the child prior to divorce.

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10
Q

Modification of custody order

A

The parent seeking modification must show a substantial change in circumstances.

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11
Q

Relocation

A

Custodial parent must show a legitimate and reasonable purpose.

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