Child Custody

Question 1

What law does VA use for child custody?

Answer 1

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

Question 2

What is the primary test for jurisdiction over child custody claim?

Answer 2

Home State jurisdiction

Question 3

What is home state under UCCJEA?

Answer 3

The State where the child has lived with a parent for the last 6 months OR since birth if under 6 months old

Question 4

What if a claimant fails a home state jurisdiction test in a custody action? Where is the jurisdiction?

Answer 4

Wherever the home state was 6 months ago

Question 5

After a court has made an initial child custody determination, does jurisdiction change?

Answer 5

No. The forum has exclusive continuing jurisdiction.

Question 6

When does exclusive continuing jurisdiction change in child custody?

Answer 6

Neither child or parent continue to reside in the state

Child no longer has a significant connection to the state

Question 7

What is jurisdiction if child retains a significant connection with the state?

Answer 7

The original state with exclusive continuing jurisdiction

Question 8

What if home state rule doesn’t apply? What test is used then?

Answer 8

Significant connection test

Question 9

What is the standard for the significant connection test?

Answer 9

Does the child and at least one parent have a significant connection with the state

Substantial evidence concerning the child is available in the state

Question 10

Does VA have a duty to enforce another states UCCJEA order?

Answer 10

Yes if they properly exercised jurisdiction

Question 11

What is the OVERALL consideration for child custody determinations?

Answer 11

The best interests of the child

Question 12

What are some factors to consider for best interests of the child?

Answer 12

Physical, mental, emotional condition or the child and parents

Relationships

Cooperation with visitation

Preference of the child

Wishes of an older child (12 and up)

New partners of parents

Placement of siblings

History of violence or abuse

Question 13

What is the standard if a non-parent seeks custody?

Answer 13

Must show that the biological parent is unfit.

Question 14

Do you need to send notice to the court if you want to move with child out of state in a custody situation?

Answer 14

Yes. 30 days advance written notice - show it is in the best interests of child

Court will determine if it is a legitimate move and if in best interests of the child

Question 15

How often would parental visitation be denied?

Answer 15

Rarely. Must show that visitation is a danger to the child

Question 16

Do non parents (like grandparents) have a right to visitation? What legal standard applies to the parents reasoning?

Answer 16

No.

The courts view this as a constitutional issue that under due process parents may raise their kids as they see fit