Child Custody Flashcards
Two Main Types of Custody
(1) Legal Custody
(2) Physical Custody
Legal Custody
Right of parent to make MAJOR DECISIONS regarding minor child
Physical Custody
Right to have a child LIVE with a parent and provide
Obligation to provide ROUTINE DAILY CARE for and maintain control over child
Joint Custody
Situation where both legal and physical custody have been divided between the parties
To share legal custody, joint custody requires ability to cooperate
Guardianship
When someone other than a parent is appointed to take care of a child even though parental rights are not terminated
Requires notice and hearing
May be appointed by court
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
Defines what facts are needed to initially establish subject matter jurisdiction in custody cases
UCCJEA: Home-State Jurisdiction
Court has home-state jurisdiction for an INITIAL CUSTODY DETERMINATION if the state:
(1) Is CHILD’S HOME STATE and has been the home state for period of 6 CONSECUTIVE MONTHS or since birth; or
(2) Was child’s home state in the PAST 6 MONTHS, and the child is absent from the state, but one of the parents continues to live in the state
UCCJEA: Significant Connection Jurisdiction
If no other state has or accepts home-state jurisdiction, a court may also accept jurisdiction if:
(1) The child and at least one parent have a significant connection with the state; and
(2) There is substantial evidence in the state concerning the child
UCCJEA: Default Jurisdiction
If no state has jurisdiction by these tests, then by default, a court in a state with appropriate connections to the child has jurisdiction
UCCJEA: Exclusive Continuing Jurisdiction
Courts that make the initial ruling in a custody case have EXCLUSIVE CONTINUING JURISDICTION over the matter until the court determines that:
(1) Parties NO LONGER RESIDE in the state; or
(2) Child no longer has a SIGNIFICANT CONNECTION to the state resulting in a lack of substantial evidence in the state
UCCJEA: When Court Can Decline Jurisdiction
A court may decline to exercise jurisdiction if it finds the forum to be INCONVENIENT after considering factors such as domestic violence, distance of parties from forum, financial circumstances, etc
UCCJEA: Temporary Emergency Jurisdiction
If the child is in danger and requires immediate protection, a court may assume temporary emergency jurisdiction and enter a TEMPORARY CUSTODY ORDER
Enforcement of Another State’s Orders
Custody order from another state must be REGISTERED in the state to be enforced there
Parental Kidnapping Prevention Act (PKPA)
Applies not only to parental kidnapping cases, but also to civil interstate custody disputes, including visitation rights
Standard for Determining Child Custody: Best Interests of the Child Standard
Court must consider:
(1) AGE and SEX of the child;
(2) PARENT’S WISHES;
(3) CHILD’S WISHES (especially if over 14);
(4) Child’s INTERRELATIONSHIP with parents, siblings, and others;
(5) Child’s adjustment to HOME, SCHOOL, AND COMMUNITY;
(6) MENTAL AND PHYSICAL HEALTH of everyone involved;
(7) Evidence of DOMESTIC VIOLENCE;
(8) Involvement of DE FACTO PARENT
