Child Custody

Question 1

What is legal custody

Answer 1

right of parent to make major decisions about the child’s life

Question 2

physical custody

Answer 2

right of a parent to have the child reside with the parent and the obligation to provide for routine daily care and control of child

Question 3

joint custody

Answer 3

parents share custody
parents must be willing and able to cooperate with respect to the wellbeing of the child

Question 4

UCCJEA

Answer 4

Uniform child Custody Jurisdiction and Enforcement Act
purpose is to prevent jurisdictional disputes with courts in other states on matters of child custody and visitation

Question 5

home state jurisdiction

Answer 5

child’s home state (state where child has lived with a parent or guardian for at least 6 consecutive months prior to custody proceeding or 6 months if the child is less than 6 months old)
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 6

significant connection jurisdiction

Answer 6

a court can enter or modify an order if
-no other state has or accepts home state jurisdiction
-child and at least one parent have a significant connection with the state and
there is substantial evidence in the state about teh child’s care, protection, training, and personal relationship

Question 7

default jurisdiction

Answer 7

if no state has jurisdiction through home state or substantial connection jurisdiction, court instate with appropriate connections to child has jurisdiction

Question 8

exclusive continuing jurisdiction

Answer 8

a court that makes initial ruling has exclusive jurisdiction over matter until parties no longer reside in the state, or child no longer has significant connection to state

Question 9

when can court decline jurisdiction

Answer 9

if court has either initial or exclusive continuing jurisdiction, it may decline to hear case if it finds forum to be inconvenient

Question 10

temporary emergency jurisdiction

Answer 10

child in danger, requires immediate protection
if there is no prior custody order, an emergency order remains in effect until a decision by the child’s home state

Question 11

what is the standard for child custody

Answer 11

best interests and welfare of the child

Question 12

when can child custody be modified

Answer 12

change in circumstances standard