Child Custody Flashcards
Legal Custody
Right to make decisions about the child
Physical Custody
Where does child live
parental custody rights
natural parents have a superior right to custody over any other person
the natural father of a NonMarital child can have custodial rights to prevent the adoption of a child
Custody contest between natural parent and person not a biological parent, issue of best interest of the child is not reached unless the following are established (5)
The natural parent did the following: 1. Surrendered the child 2. abandoned the child 3. unfit 4. persistent neglect 5 other extraordinary circumstances
appointment of a guardian
surviving parent of an unmarried child may appoint a guardian over person and property until majority or for any period of time
Best Interest of the Child Standard - Factors
- existence of prior agreement
- financial status of parents
- quality of home environment and parental guidance provided
- past performance
- mental health of parent
- parents credibility, conduct, stability, lifestyle, morality, professional achievements, and associations.
- individual needs of child
- child’s express preference considering age of child
- close familial relationships
- totality of the circumstances
Childs express preference considerations
considers age and maturity
potential for influence exerted on child
child of sufficient age and understanding wishes are considered but not controlling
court may interview child without presence or consent of parties or attorneys
When joint custody will be awarded
in the best interests of the child
denied where hostility of parents make it unworkable and not in the best interests of the child
Fault in Divorce and effect on custody
may curtail right to custody but will not abrogate it
offending parent will be given custody if it is in the best interest of the child
Non-parent award of custody
may be given custody in unusual circumstances
Visitation
Primary Consideration - BIOTC
noncustodial parent should be granted visitation unless
possibility of harm to child
courts have power to make reasonable provisions for visitation in proceeding to compel support
siblings have standing to seek visitation
Biological Strangers rights to visitation
will not be granted visitation rights over objection of natural parent
even under extraordinary circumstances
includes grandparents
modification of child custody
sufficient change in circumstances
transfer in custody is warranted if it is in BIOTC
Subsequent physical disability and change in custody
does not automatically warrant change in custody
Custodial parents cohabitation and modification of custody
may provide grounds for modification if
cohabitation has negatively impacted the child
What does the court NOT consider when determining the BIOTC
Considers parents parenting, not parents status
parental interference with non-custodial visitation
court can modify arrangements
Orders of Protection - in general
court may issue and set forth reasonable conditions of behavior to be observed for a specified time by any party
What an order of protection may do
- stay away from the home of child or any other party
- permit visitation at stated periods
3, abstain from offensive conduct toward child or any other party - give proper attention to care of home
- refrain from acts that make the home not a proper place for child
- pay reasonable counsel fees involved obtaining or enforcing the order
When can order of protection be made
before, after, or in the final judgement
remains in effect during the minority of the child
