Child Custody

Question 1

A court has jurisdiction to initially enter or modify a child custody or visitation order if the state:

Answer 1

1. is the child’s home state, OR
2. was the child’s home state in the past 6 months and the child is absent from the state, but a parent continues to live in the state

Question 2

Child’s home state is the state in which:

Answer 2

the child lived w a parent for at least 6 consecutive months immediately before the commencement of the proceedings (or the state where the child has lived since birth if the child is younger than six months old), disregarding temporary absences.

Question 3

When does the “Home State” rule not apply?

Answer 3

A court has jurisdiction to enter or modify a child custody or visitation order if no other state has or accepts home state jurisdiction and:

1. The child and at least one parent (or person acting as a parent) have a significant connection w the state, and
2. Substantial evidence concerning the child is available in the state.

Question 4

In making modifications of an existing decree, the issuing state court has continuing exclusive jurisdiction. Another state can only exercise jurisdiction if:

Answer 4

1. No child or parents continues to reside in the issuing state, OR
2. The child no longer has a significant connection w the issuing state and substantial evidence relating to the matter is no longer available in that state.

**Only the issuing state can decide if this second test is met.

Question 5

A court may decline to exercise jurisdiction if the party seeking to involve the court’s jurisdiction has:

Answer 5

engaged in unjustifiable conduct (ex: the parent wrongfully took child from another state)

Question 6

A court may exercise temporary emergency jurisdiction if the child has been:

Answer 6

abandoned or it is necessary in an emergency to protect the child bc the child, sibling, or parent is subjected to or threatened w abuse.

Question 7

Standard applied in awarding custody and visitation of child?

Answer 7

BEST INTEREST OF THE CHILD

Question 8

Factors court considers in awarding custody and visitation rights?

Answer 8

a. The parents’ wishes

b. Child’s preference (preferences under the age of 8 are not considered but children over the age of 12 are given great weight.)

c. Child’s relationship

d. Child’s adjustment to home, school, and community

e. Parties’ mental and physical health

f. Who has been the child’s primary caregiver

Question 9

Joint custody is encouraged and will be granted where

Answer 9

both parties consent.

Question 10

When determining whether joint custody is appropriate, court considers:

Answer 10

a. Fitness of both parents

b. Whether parents agree on joint custody

c. The parents ability to communicate and cooperate concerning the child’s well-being

d. The child’s preference

e. The level of involvement of both parents in the child’s life

f. The geographical proximity of the two homes

g. The similarity or dissimilarity of the homes

h. The effect of the award on the child’s psychological development

i. The parents’ ability to physically carry out the joint custody order

Question 11

Sole custody is awarded to one parent if:

Answer 11

there is strong evidence that demonstrates it is in the child’s best interest.

Question 12

In order to grant custody to a nonparent:

Answer 12

Absent voluntary relinquishment, the parent is entitled to custody UNLESS the nonparent can show that it will result in harm to the child or that the parent is unfit.

Question 13

Custody decrees are always

Answer 13

modifiable – burden is on the parky seeking the change.

Question 14

When will a modification to a custody decree be made?

Answer 14

Only if there has been a substantial and material change in circumstances affecting the child’s well-being.

Question 15

In a circumstance where a child is being relocated, what is required?

Answer 15

Notice to the other parent and a court hearing to determine whether relocation is in the best interest of the child.

Question 16

How child custody awards may be enforced:

Answer 16

contempt proceedings, state habeas corpus proceedings, and suits in equity

Question 17

Under the Federal Parental Kidnapping Prevention Act (PKPA), full faith and credit must be given to:

Answer 17

another state’s custody or visitation determination if the Act’s jurisdictional requirements are met.

Question 18

If the child is removed from the original state, the custodial parent must file

Answer 18

the custody order in the new jurisdiction and seek enforcement or obtain a writ of habeas corpus from that jurisdiction.