Child Custody

Question 1

Custody

Answer 1

the physical and legal custody of a child.

Question 2

What is the primary test for determining what court has jurisdiction to determine who has custody over a child?

Answer 2

the home state of the child.

Question 3

For the purposes of determining jurisdiction to determine custody of a child, a child’s home state is that state where . . .

Answer 3

1) the child has lived with a parent for at least 6 consecutive months; or 2) a state where the child lived for 6 consecutive months, but no longer lives, but who still has a parent living in that state.

Question 4

If a child has no home state, what court has jurisdiction to determine custody of the child?

Answer 4

where the child 1) has a significant connection to the state; and 2) where there is substantial evidence of the child’s wellbeing in that state.

Question 5

What if a child has no home state, and a state with a significant connection to the child declines to hear the case, what court has jurisdiction?

Answer 5

whatever state chooses to take deferred jurisdiction.

Question 6

What happens if a state declines deferred jurisdiction?

Answer 6

any state can then decide to take the case.

Question 7

In any custody or visitation case, the primary consideration is what?

Answer 7

the best interests of the child

Question 8

What factors are considered in determining whether something is in the best interests of the child?

Answer 8

the wishes of the parents; the preference of the child; the relationship of the child with parents and siblings; the child’s adjustment to home, school and the community; the mental and physical health of the parties; and the parent who is the primary caregiver.

Question 9

When is the preference of the child given special consideration?

Answer 9

when they are over the age of 12.

Question 10

What are the types of child custody?

Answer 10

joint custody; sole custody; custody to a nonparent; and visitation rights.

Question 11

Joint Custody

Answer 11

joint legal custody, joint physical custody, or both.

Question 12

When will a court not grant joint custody?

Answer 12

where the parents are openly hostile with one another or are unable to communicate.

Question 13

Sole Custody

Answer 13

custody over a child is given to one parent when it is in the best interests of the child. The other parent has visitation rights if it is not dangerous for the child.

Question 14

When will custody be given to a nonparent as opposed to a parent?

Answer 14

where the nonparent can show 1) harm to the child; or 2) unfitness of the parent.

Question 15

After a court finds that there may be harm or unfitness of a parent, the court will do what in regards to the nonparent?

Answer 15

perform a best interest analysis.

Question 16

Parents have a right to visitation of their children unless . . .

Answer 16

if injury to the child may result.

Question 17

In what circumstances is third party visitation allowed?

Answer 17

divorce, separation of parents or death.

Question 18

When will custody be modified?

Answer 18

if there is a substantial material change of circumstances.

Question 19

In determining whether to modify custody, what will courts take into consideration?

Answer 19

the best interests of the child.

Question 20

When can someone bring a request to modify custody of a child?

Answer 20

usually one to two years after the order has been issued.

Question 21

When determining whether to allow a child’s relocation to another state, what do most states require?

Answer 21

notice to the other spouse and a hearing to determine whether relocation is permitted.

Question 22

In determining whether relocation of a child will be permitted, what do courts take into consideration?

Answer 22

1) the child’s best interests; 2) whether the move is motivated to benefit the family; and 3) whether the move is intended to thwart the relationship with the other parent.

Question 23

Child kidnapping is a ____________.

Answer 23

felony

Question 24

Under the federal Parental Kidnapping Prevention Act, states must enforce a custody order of another state, but only if . . .

Answer 24

the granting state had home state jurisdiction over the children.

Question 25

The Tender Years Doctrine

Answer 25

grants custody of a young child to the mother unless she is proven unfit.

Question 26

Is the tender years doctrine constitutional?

Answer 26

its constitutionality is suspect because it is biased based on gender.

Question 27

Will courts split up siblings?

Answer 27

generally, courts decline to separate siblings.