Child Custody Flashcards
Generally, courts determine child custody based on
the best interests of the child. A
parent’s misconduct (e.g., adultery) generally may NOT be considered unless it causes
significant harm to the child.
Courts consider multiple factors to determine what
custody order will serve the child’s best interests. General factors include:
The needs of the child for a meaningful relationship with both parents;
The ability and willingness of the parents to actively perform their functions as
mother and father for the child’s needs;
The interaction and interrelationship of the child with parents, siblings, and any
other person who may affect the child’s best interests;
The child’s adjustment to the child’s home, school, and community;
The mental and physical health of all involved individuals;
The intention of either parent to relocate the principal residence of the child;
The wishes of the child’s parents as to custody;
AND
The wishes of the child as to the child’s custodian.
In some states, if a child has reached sufficient age, the court must award custody
as the child wishes. However, most courts consider a child’s wishes as a factor, and, as the age and maturity of the child increases, the wishes are given greater weight.
When determining child custody between a parent and a third party, it is presumed that
custody with the parent is in the best interest of the child.
When one parent is granted custody of a child, the other parent is usually always entitled to
visitation rights UNLESS the court determines that visitation would seriously endanger the child’s wellbeing (e.g., the parent has been convicted of violent crimes).
In a minority of states, courts may order visitation for a nonparent if:
The nonparent has a substantial relationship with the child;
AND
The visitation is in the child’s best interests.
In order to be constitutional, great weight must be given to the parent’s wishes in regard to the nonparent when determining the best interests of the child.
When parents are awarded joint custody, they BOTH
participate in decision-making regarding the upbringing of the child.
Generally, a court must determine that joint custody is in the child’s best interests in order to award the parents joint custody. Thus, joint custody is usually only an option for
cooperative parents, as it may be harmful to the child if the parents are hostile toward each other.
In order to modify a child custody order, the parent must show that:
Circumstances have substantially changed;
AND
The modification would be in the child’s best interests.
The state that issued the child custody order has continuing exclusive jurisdiction to modify the order so long as
that state remains the residence of any party involved.
As to relocation of a child, Most courts will permit a custodial parent to move with the child if:
The motives for moving are NOT vindictive;
AND
The move is in the child’s best interests.
As to relocation, some courts…
Some courts balance the impact on the noncustodial parent’s visitation rights against
the benefits of the move to the child and the custodial parent.
In some states, a court has authority to
order mediation of custody disputes. In others, mediation is mandated by statute under certain circumstances.
The mediator must attempt
to reach a settlement that is in the best interests of the child.
However, a settlement agreement may be set aside for mediator misconduct (e.g., failure to be impartial or fully inform the participants of the law and their rights).
