Child Custody Flashcards

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0
Q

Legal Custody

A

Right to make decisions about the child

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1
Q

Physical Custody

A

Where does child live

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2
Q

parental custody rights

A

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

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3
Q

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)

A
The natural parent did the following:
1.  Surrendered the child
2.  abandoned the child
3. unfit
4. persistent neglect
5  other extraordinary circumstances
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4
Q

appointment of a guardian

A

surviving parent of an unmarried child may appoint a guardian over person and property until majority or for any period of time

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5
Q

Best Interest of the Child Standard - Factors

A
  1. existence of prior agreement
  2. financial status of parents
  3. quality of home environment and parental guidance provided
  4. past performance
  5. mental health of parent
  6. parents credibility, conduct, stability, lifestyle, morality, professional achievements, and associations.
  7. individual needs of child
  8. child’s express preference considering age of child
  9. close familial relationships
  10. totality of the circumstances
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6
Q

Childs express preference considerations

A

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

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7
Q

When joint custody will be awarded

A

in the best interests of the child

denied where hostility of parents make it unworkable and not in the best interests of the child

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8
Q

Fault in Divorce and effect on custody

A

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

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9
Q

Non-parent award of custody

A

may be given custody in unusual circumstances

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10
Q

Visitation

A

Primary Consideration - BIOTC

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11
Q

noncustodial parent should be granted visitation unless

A

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

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12
Q

Biological Strangers rights to visitation

A

will not be granted visitation rights over objection of natural parent

even under extraordinary circumstances

includes grandparents

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13
Q

modification of child custody

A

sufficient change in circumstances

transfer in custody is warranted if it is in BIOTC

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14
Q

Subsequent physical disability and change in custody

A

does not automatically warrant change in custody

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15
Q

Custodial parents cohabitation and modification of custody

A

may provide grounds for modification if

cohabitation has negatively impacted the child

16
Q

What does the court NOT consider when determining the BIOTC

A

Considers parents parenting, not parents status

17
Q

parental interference with non-custodial visitation

A

court can modify arrangements

18
Q

Orders of Protection - in general

A

court may issue and set forth reasonable conditions of behavior to be observed for a specified time by any party

19
Q

What an order of protection may do

A
  1. stay away from the home of child or any other party
  2. permit visitation at stated periods
    3, abstain from offensive conduct toward child or any other party
  3. give proper attention to care of home
  4. refrain from acts that make the home not a proper place for child
  5. pay reasonable counsel fees involved obtaining or enforcing the order
20
Q

When can order of protection be made

A

before, after, or in the final judgement

remains in effect during the minority of the child