Child Custody

Question 1

Initial Award of Custody

Answer 1

Primary Test = HOME STATE (of child)
-Where child has lived w/parent for at least 6 consecutive mos. or where spouse is still at if other spouse moves

IF NOT HOME State = Sig. connection; Substantial evid.

Question 2

Modification of an Existing Decree

Answer 2

Issuing state exercises CONTINUING EXCLUSIVE JURISDICTION

-Unless no child or parent continues to reside in the state or the child no longer has sig. connection w/the state and there is no substantial evid. in the state

Question 3

Declining Jurisd.

Answer 3

A court MAY NOT exercise jurisdiction if:

• proper proceeding was already pending elsewhere unless other court defers OR
• Person seeking to invoke court’s jurisdiction has engaged in unjustifiable conduct

Maybe inconvenient

Question 4

Temporary Emergency Jurisd.

Answer 4

Child is physically present in state
Child has been abandoned or
It is necessary to protect child b/c child etc. is subject to abuse

Question 5

In any custody or visitation case…

Answer 5

BEST INTEREST OF the CHILD

Question 6

Types of Custody and Visitation Awards

Answer 6

(1) Shared Custody
(2) Sole Custody
(3) Custody to Nonparent (high bar)
- Parent entitled to custody unless the non-parent can show harm to the child or unfitness
(4) Visitation

Question 7

Modification of Custody

Answer 7

STANDARD: Whether custody or visitation issue, modification requires
-SUBSTANTIAL and MATERIAL CHANGE of CIRCUMSTANCE

OVERRIDING CONCERN = BIOC