Child Custody and Parental Rights Flashcards
Limitations on a parent’s right to raise a child as they see fit.
A parent has a right to raise his child as he sees fit. A fit parent has a fundamental right to the care, custody, and control of his children. However, a parent’s authority over his child is not absolute. Laws are in place to protect children from harm, whether or not that harm is intentional. If a parent’s decisions will jeopardize the health or safety of the child or have the potential for significant social burdens then a parent’s power is limited. States are permitted, under their police powers, to require vaccinations and to refuse admission to public school for students who fail to receive required vaccinations. Such statutes are not subject to constitutional challenge based on a violation of parental rights.
Limitations on a parent’s right to raise a child as they see fit.
A parent has a right to raise his child as he sees fit. A fit parent has a fundamental right to the care, custody, and control of his children. However, a parent’s authority over his child is not absolute. Laws are in place to protect children from harm, whether or not that harm is intentional. If a parent’s decisions will jeopardize the health or safety of the child or have the potential for significant social burdens then a parent’s power is limited. States are permitted, under their police powers, to require vaccinations and to refuse admission to public school for students who fail to receive required vaccinations. Such statutes are not subject to constitutional challenge based on a violation of parental rights.
Home state jurisdiction under UCCJEA
The purpose of the Uniform Custody Jurisdiction and Enforcement Act (UCCJEA), is to prevent jurisdictional disputes with courts in other states on matters of child custody and visitation. Almost all states have enacted the UCCJEA. Under the UCCJEA, a court has subject-matter jurisdiction to preside over custody hearings and either enter or modify custody or visitation orders if the state is the child’s home state. The home state is the one in which the child has lived with a parent or guardian for at least six consecutive months prior to the custody proceeding, or since birth, if the child is less than six months old or was the child’s home state in the past six months, and the child is absent from the state, but one of the parents (or guardians) continues to live in the state.
Home state jurisdiction under UCCJEA
The purpose of the Uniform Custody Jurisdiction and Enforcement Act (UCCJEA), is to prevent jurisdictional disputes with courts in other states on matters of child custody and visitation. Almost all states have enacted the UCCJEA. Under the UCCJEA, a court has subject-matter jurisdiction to preside over custody hearings and either enter or modify custody or visitation orders if the state is the child’s home state. The home state is the one in which the child has lived with a parent or guardian for at least six consecutive months prior to the custody proceeding, or since birth, if the child is less than six months old or was the child’s home state in the past six months, and the child is absent from the state, but one of the parents (or guardians) continues to live in the state.
Can a non-parent petition for custody rights over the child’s biological parent(s)?
The standard for determining child custody is the best interests and welfare of the child. Generally, a parent is in the best position to care for a minor child, unless the parent is determined unfit. Legal parents are presumptively entitled to custody of their children in cases against third parties unless it can be established that the legal parent is unfit or that awarding custody to the legal parent would be detrimental to the child. If a natural parent has had little or no contact with a child, or if the child has lived with the third party for an extended period of time, then courts have employed the terms “parent by estoppel” and “de facto parent” to get around the presumption. A minority of the jurisdictions apply the best-interests-of-the-child standard in all custody cases, even those between a parent and a third party. However, such a standard may run afoul of a parent’s constitutional rights. Most courts will consider the wishes of the child if the court can determine that the child has sufficient maturity to express a preference. Although age is not the sole factor in determining whether a child should be consulted, it is considered by the court. If children are consulted, then the court evaluates the reasons behind the preference.
Limitations on a parent’s right to raise a child as they see fit.
A parent has a right to raise his child as he sees fit. A fit parent has a fundamental right to the care, custody, and control of his children. However, a parent’s authority over his child is not absolute. Laws are in place to protect children from harm, whether or not that harm is intentional. If a parent’s decisions will jeopardize the health or safety of the child or have the potential for significant social burdens then a parent’s power is limited. States are permitted, under their police powers, to require vaccinations and to refuse admission to public school for students who fail to receive required vaccinations. Such statutes are not subject to constitutional challenge based on a violation of parental rights.
Jurisdiction
