Child Custody

Question 1

Legal custody

Answer 1

The right of a parent to make major decisions about the child’s life
(health, education, religion, etc)

Question 2

Physical custody

Answer 2

The right of the parent to have the child reside w/ the parent and the obligation to provide for the daily care and control of the child.

Question 3

Joint Custody

Answer 3

• Parents must be willing and able to cooperate
• Legal: neither has a superior right to make major decisions
• Physical: does not necessarily require 50/50 time-sharing arrangement

Question 4

What is the UCCJEA & its purpose?

Answer 4

Uniform Child Custody Jurisdiction & Enforcement Act
To prevent JD disputes w/ courts in other states on the matter of child custody and support.

Question 5

How is Home State JD determined for initial or modifications of custody determinations?

Answer 5

• Where the child has lived for the last 6 mos prior to hearing; OR
• Was the child’s home state in the last 6 months, child is absent from the state but ONE parent or guardian still lives in that state.

Question 6

What is significant connection JD and how is it established?

Answer 6

When no other state has or accepts home state JD:
* the child & at least one parent have a significant conn with the state, AND
* there is substantial evidence in the state about the child’s care, protection and personal r/ships

Question 7

Standard for determining child custody

Answer 7

Best interests of the child standard
B/T Parents: primary-caretaker during the marriage, separation and prior to the divorce is a factor
Race/Religion: can NOT be used
Parents sexual conduct: a factor only if the P’s conduct has or will have a negative effect on the child
3rd Party Rights: parents are presumptively entitled to custody of their children in cases against 3rd parties
Child’s Preference: taken into acct if child is of sufficient majority
Domestic Violence: almost always a factor ; some states have created a rebuttable presumption in favor of the non-abusive spouse

Question 8

Third-Party Visitation

Answer 8

Can be granted to stepparents and same-sex nonbiological co-parents… typically limited to individuals who acted in loco parentis w/ the child prior to divorce.

Question 9

What sanctions are available for enforcement of visitation orders?

Answer 9

Compensatory visitation, atty’s fees, court costs, fines, jail time

Tort damages awarded to parent for the period of time that the child is wrongfully out of the P’s custody.