Child Custody

Question 1

What are the two types of child custody?

Answer 1

Legal and physical

Question 2

What is legal custody?

Answer 2

The right of a parent to make important decisions on behalf of the child (presumption is joint decision making)

Question 3

What is physical custody?

Answer 3

Primary residential custody.

Question 4

What is joint physical custody?

Answer 4

The child will reside with each parent some portion of time, neither parent has a superior right

Question 5

What court may make an initial custody determination?

Answer 5

The home state, the child has either resided in the state since birth or for 6 months

Question 6

Can a state other than the child’s home state modify a child custody order?

Answer 6

Yes a state other than the child’s home state may modify a child custody order if:
NO other state has home state jurisdiction, and the child and at least one parent have a significant connection to the other state, and there is substantial evidence and amount of time in the other state

Question 7

What is the default jurisidciton?

Answer 7

If there is no other state with jurisdiction, then a state with significant or at least some connection to the child or party can assert jurisdiction

Question 8

What state has continuing exclusive jurisdiction?

Answer 8

The home state until events arise that would terminate such jurisdiction.

Question 9

Can a court decline jurisdiciton?

Answer 9

Yes,

Question 10

What are some reasons a court may decline jurisdiction?

Answer 10

Domestic violence, length of time child has resided outside of state, distance between competing jurisdictions, financial circumstances, agreemtns, nature and location of evidence, judicial efficiency

Question 11

When must an out of state judgment be registered?

Answer 11

The first judicial day after service of the ordre

Question 12

What is the best interests of the child standard?

Answer 12

The court may consider anything to affect the child’s well being, except race or religio

Question 13

What is the rebuttable presumption in regards to visitation?

Answer 13

It is awarded to the non-custodial parent, and the primary residential parent does not have the right to deny the non-custodial parent visitation

Question 14

How may a custody order be enforced?

Answer 14

Compensation/Make up visitation time

Attorneys fees, jail time, fines, torts

Question 15

Can child custody or visitation orders be modified?

Answer 15

Yes, there must be a substantial change in circumstances that would warrant a change in custody.

Question 16

Can a parent relocate?

Answer 16

Subject to a balancing test: 1) the fact that children benefit most with frequent contact with both parents against 2) the fact that peole have a right to move, travel, and seek employment

Question 17

What model is used in balancing for relocation?

Answer 17

Best interests of thechild model