Child Custody & Visitation

Question 1

Best Interests Standard

Answer 1

Courts determine child custody under the Best Interests of the Child Standard.

broad standard that gives great discretion to court

Question 2

Factors Evaluating Best Interests

Answer 2

A court will evaluate the following
1) parents’ wishes
2) child’s wishes (older children)
3) age, finances, mental, physcial health of parents
4) existence of new individuals in parents’ lives
5) effect custody has on ability to foster relationships with extended family
6) history of domestic violence
7) stability in home and school environments
8) anything else court believes equitable to evaluate

Question 3

Parent v. Third-Party Custody

Answer 3

The parent is given preference and it is presumed that custody with parent is in the best interests of the child.

rebut by showing this is detrimental to child

Question 4

Parents’ Constitutional Rights

Answer 4

Parental rights are constitutionally protected, courts MUST give great weight to a parent’s determination.

some states- implied preference to a fit natural parent is constitutionally mandated

Question 5

Joint Custody

Answer 5

Is usually only an option for parents who can cooperate, since it could be harmful to the child if the parents are hostile.

Question 6

Presumption of Parental Fitness

Answer 6

Parents are presumed they are fit to care for their children.

rebutted by clear and convincing evidence of abuse, neglect, abandon

Question 7

Circumstances for Third-Party Custody

Answer 7

Usually only when special circumstances: abuse, neglect, abandonment, mentally incompetent, surrender

Question 8

Presumption of Parental Fitness

Answer 8

Parents are presumed they are fit to care for their children

rebutted by clear and convincing evidence

Question 9

Home State Jurisdiction

Answer 9

The state in which the child lived with a parent for at least six consecutive months before proceedings.