Child Custody

Question 1

Define legal custody

Answer 1

Legal custody is the right of a parent to make major decisions about the child’s life

Question 2

Define physical custody

Answer 2

Physical custody is the right of a parent to have the child reside with the parent and the obligation to provide for the the routine care of the child

Question 3

What is the condition for joint custody?

Answer 3

The parents must both be willing and able to cooperate with respect to the child’s well-being.

Question 4

Who makes major decisions when the parents have joint custody?

Answer 4

Neither parent has superior rights, they must both make the decision

Question 5

Does joint physical custody require 50/50 time sharing?

Answer 5

No.

Question 6

Under the UCCJEA, when does a court have home state jurisdiction to preside over an initial custody determination?

Answer 6

Court has subject matter jurisdiction when:

1. The court is in child’s home state and has been the home of the child for a period of 6 months or since birth (if the child is less than 6 months old); or
2. The court is in the state that was the child’s home state in the past six months, and the child is absent from the state, but a parent (or guardian) continues to live in the state.

Question 7

Under the doctrine of significant-connect jurisdiction, when can a court enter/modify a child custody order?

Answer 7

A court can enter/modify the order if:

1. No other state has or accepts home-state jurisdiction;
2. The child has at least one parent with significant connections to the state; and
3. There is substantial in-state evidence about the child’s care, protection, training, and relationships

Question 8

What is the doctrine of default jurisdiction for child custody determination?

Answer 8

If no state has jurisdiction through home-state or substantial-connection jurisdiction, court in state with appropriate connections to child has jurisdiction

Question 9

What is the doctrine of exclusive-continuing jurisdiction?

Answer 9

Under this doctrine, the court that make the initial ruling has exclusive jurisdiction over the matter until parties no longer reside in the state, or the child no longer has significant connections to the state

Question 10

When can courts decline jurisdiction?

Answer 10

If the court has either initial or exclusive-continuing jurisdiction, it may decline to hear the case if it finds forum inconvenient

Question 11

What is temporary emergency jurisdiction?

Answer 11

When the child is in danger or requires immediate protection, a court has jurisdiction which will remain in effect if there is no prior custody order and until there is a decision by the child’s home state

Question 12

When can State B issue a warrant for child custody order from State A?

Answer 12

If the child is likely to suffer serious physical injury or be removed from the state.

Question 13

What is the standard for determining child custody?

Answer 13

The best interest and welfare of the child

Question 14

What factors are considered when determining the best interest of the child?

Answer 14

1. Who is the primary caretaker (between the parents)
2. Third party rights (e.g. parent unfit or parental custody detrimental to child and third party has better claim)
3. Child’s preference (if kid is mature enough)
4. Siblings (don’t wanna separate them)
5. Domestic violence

Question 15

What is a guardian at litem?

Answer 15

A court-appoint attorney who advocates for the child