Child Custody Flashcards
What are some factors the court looks at for child custody?
The wishes of the child’s parents, the child’s primary caretaker, the mental and physical health of all individuals, the interrelationship of the child and parents, stability, and whether there is any domestic violence.
What standard is used for determining child custody and support?
The best interest of the child.
When can custody be modified?
Only if there is a substantial change in circumstances. This change must be unforeseen at the time of the initial judgment.
How do child support guidelines work?
All states employ numerical guidelines and establish a rebuttable presumption that the award from applying the guidelines will be correct. they must be applied in all cases.
What factors does the court look at for applying child support guidelines?
Income of the parents, the number of children, children’s ages, and any special needs of the children.
How does one obtain a modification of child support?
Must show a substantial change in circumstances making the prior order unreasonable.
When is the one instance where a court will not modify child support?
If the change is reduction in income and it was voluntary. It will be examined under a multi factor test to see if the party acted in good faith.
Can child support be modified retroactively?
No, unless there was fraud or other compelling circumstances.
When is relocation of a parent and child generally be approved?
If the move is sought in good faith that will serve the child’s best interest.
What balancing factors does a court use to approve relocation of a parent and child?
The impact on visitation by the noncustodial parent agains the benefits of the move to both the children and custodial parent.
How are decisions by a fit parent dealt with?
They must be given some deference, including decisions regarding medical care.
When does the father have rights?
A biological father has rights. However, the state may make the parent exercise his rights within a specific time.
What are the rights of a parent when another person wants to adopt a child?
An involved parent who demonstrates a full commitment to the responsibilities of parenthood will likely be able to successfully oppose an adoption petition and is entitled to notice.
What are third party rights?
Custody in the parent is presumed to be in the best interest. To rebut this, a third party who wants custody must prove the parent is unfit or that granting custody to the parent would be highly detrimental to the child.
