Child Custody Flashcards
Factors used to Fix or modify custody?
PLACE MASH HPP Prior Relationship Location Ability to Nurture Cooperation between parents Emotional Ties Moral Fitness Ability to provide Stability Health History Preference of Child Past Caregiver
What is the standard for child custody?
Best interest of child
What is the Bergeron Standard?
Used when there is a considered decree to modify the decree. Standard used is higher than consent decree. Must show:
A CHANGE IN CIRCUMSTANCES so that continuation of present custody is so deleterious to child as to justify modification OR prove by CLEAR and CONVINCING evidence that harm from change is substantially outweighed by its advantages to child.
What is the standard for modifying a consent decree?
- material change in circumstances AND
2. modification is in best interest of child
What visitation rights does a non-custodial parent have?
Parent is entitled to reasonable visitation so long as it is in the best interest of the child, unless a court, after a hearing, finds otherwise.
How may a party obtain a court order to require mental evaluation of a party in a custody proceeding?
A court will order an evaluation of a party in custody for good cause shown.
How can a party get temporary custody?
By getting an ex parte order of temporary custody. Must show through verified petition or supporting affidavit that immediate and irreparable injury will result to children before he can be heard in opposition. Expires within 30 days of signing, but may be extended up to 15 days for good cause.
True or False: The most important factor in determining custody in cases where the child is old enough is the preference of the child?
False. The court should consider all relevant factors when determining best interest.
Is a consent decree required to name a domiciliary parent?
No. A custody order that is agreed on by the parties and awarded by the court is valid even without naming domiciliary.
A parent not granted custody or joint custody of a child is entitled to reasonable visitation rights:
a. if the court finds, after a hearing, that the visitation would be in the best interest of the child
b. if the custodial parent dies or is incarcerated
c. unless the court finds, after a hearing, that visitation would result in substantial harm to child
d. unless the court finds after a hearing that visitation is not in best interest of child
D. Unless the court finds after a hearing that the visitation would not be in the best interest of child.
Who gets custody of an illegitimate child?
If formally acknowledged, regular custody rules apply.
If not acnowledged, no custody provisions. Mother has right of tutorship, on her death, tutorship offered to parents or siblings, second consideration is to father. Always best interest of child still. Can be appointed by will.
What will occur if residence of a child is changing?
If the child is moving out of state OR more than 75 miles from other parent (in state).
The sole custodian, domiciliary, or equal parent must notify of relocation by registered mail, return rec’t requested, 60 days before relocation. FAILURE may result in modification, as it is a change in circumstances.
After notice, must get written consent of court or other parent.
What is proper venue for bringing a modification of custody?
The parish where custody was awarded. (Louisiana follows JCCJEA, so it remains having exclusive jurisdiction until none of child or parent remain in louisiana, or they no longer have a significant connection here)
