Child Custody

Question 1

What is the definition of custody?

Answer 1

legal custody - right to make major decisions affecting the childs life
physical custody - actual possession and control of the child
joint custody

Question 2

What is the purpose of the UCCJEA?

Answer 2

to avoid jurisdictional disputes with courts of other states in matters of child custody and visitation, to promote interstate cooperation, and interstate enforcement of custody and visitation orders.

Question 3

What is the test for initial custody determination?

Answer 3

Home state Jurisdiction a court has the jurisdiction to enter or modify a child custody or visitation order when 1) the court is the child’s home state or 2) was the childs home state within the past six months and the child is absent from the statem but a parent or person acting as a parent continues to live in the state.

Question 4

What is the childs home state?

Answer 4

it is the state in which the child lived with a parent for at least six consecutive months immediately before the commencement of the proceeding

Question 5

When does the home state rule not apply?

Answer 5

if no other state has or accepts home state jurisdiction and the child and at least on patent have a significant connection with the state, and substantial evidence concerning the child is available in the state.

Question 6

When does a court no longer have jurisdiction?

Answer 6

1) neither the child nor the parent lives there

2) there is no substantial connection to the state

Question 7

What is the best interest of the child standard?

Answer 7

factors included are 1) the wishes of the child and the parents, the childs relationship with the parents, siblings, and others; the child’s adjustment to home, school, and community, and the physical and mental health of the individuals involved.

Question 8

is the child’s preference given great weight?

Answer 8

if they are older children such as 12 yes, but if they are younger such as 8 it could be disregarded or given very little weight.

Question 9

What are the factors to award Joint custody?

Answer 9

1) fitness of both parents
2) whether parents agree on joint custody
3) parents ability to communicate and cooperate concerning the childs wellbeing
4) the childs preference
5) the level of involvement of both parents in the childs life
6) the geographical proximity of the two homes
7) the similarity or dissimilarity of the homes
8) the effect of the award on the child’s psychological development and
9) the parent’s ability to physically carry out the joint custody order.

Question 10

What is visitation?

Answer 10

When an award of sole physical custody is made to one parent, the other parent must be given reasonable visitation rights.

Question 11

When can a court limit a parents right to visitation?

Answer 11

the court may limit a parent’s right to visitation if that parent engage in conduct that might injure the child, but absolute denial is rare.

Question 12

Can the custodial parent move out of state?

Answer 12

Yes so long as it is motivated by the benefit of the parent and not to frustrate visitation rights.

Question 13

What is the remedy of violating visitation orders?

Answer 13

Contempt

Question 14

enforcement of child custody orders

Answer 14

contempt proceedings, state heabeas corpus proceedings, suits in equity and the UCCJEA.

Question 15

When is a child custody order modifiable?

Answer 15

upon a substantial change in circumstances

Question 16

custodial disputes between parents and third parties

Answer 16

decision does not rest solely in the child’s best interest. A natural parent has a right to raise his child, and absent voluntary relinquishment, the parent is entitled to custody unless it is shown that the parent is unfit. However a court may find that based on special circumstances (ex. abandonment of the child), the biological parent has lost the right to rear the child, and the child should remain with the third party.