Child Support/Custody Flashcards
Child Support
Child support is based on parents’ ability to pay and the needs of the child. The specific amount to award is determined by state guidelines, which consider the number of children and parents’ income. Courts can deviate from the guidelines at their discretion, but must make a finding of fact as to why deviation was needed.
Jurisdiction to Enter a Child Support Order
Original jurisdiction to enter a child support order is where the first petition is filed.
Another state can exercise jurisdiction only if the second petition is filed before the time to answer the first has expired, the petitioner objected to jurisdiction in the first action, or the second state is the child’s home state.
Jurisdiction to Enforce a Child Support Order
The court that initially issued the order has jurisdiction to enforce.
Another state can enforce a child support order if the order is mailed to the out of state employer or if the order is registered in the other state.
Jurisdiction to Modify a Child Support Order
The court that issued the order has continuing and exclusive jurisdiction to modify it, unless no party resides in the issuing state or the parties consent to jurisdiction elsewhere.
Modification of Child Support
Child support awards are modifiable based on substantial and continuing change of circumstances affecting the needs of the child or the ability of the parent to pay (except voluntary reduction).
Initial Custody Determination
A court has jurisdiction to initial enter (or later modify) a child custody order if the state is the child’s home state or was the child’s home state within the past 6 months and the child is absent but a parent is still in state. If there is no home state, a state with which the child has significant connections can exercise jurisdiction.
Home State
A child’s home state is the state in which the child lived with a parent for at least 6 consecutive months immediately before the commencement of the proceeding.
Modification of Child Custody
The issuing court has continuing exclusive jurisdiction to modify child custody orders.
Another state can only exercise jurisdiction if no child or parent continues to live in the issuing state or the child no longer has significant connections to the issuing state (as determined by the issuing state).
Child Custody Standard
The standard applied in awarding custody is the best interest of the child. The court has great discretion, and will consider factors such as:
-parents’ wishes
-child’s wishes over 8
-relationships
-health
-primary caregiver
Joint or Sole
Joint custody is encouraged, but will not be awarded if the parents are openly hostile. Sole custody can be awarded if there is strong evidence that it is in the best interest of the child, but the other parent will almost always retain visitation rights.
Non-parent Custody
A natural parent has a constitutional right to raise his child. Absent voluntary relinquishment, the parent is entitled to custody unless the non-parent can show that it will harm the child or the parent is unfit.
Non-parent Visitation
A non-parent can seek visitation if it is in the best interest of the child. If a parent is fit, however, their wishes on non-parent visitation are protected and given special weight - a judge cannot override a fit parent’s decision regarding third party visitation.
Modification of Custody
Custody orders are modifiable upon a substantial and material change in circumstance affecting the child’s well-being.
Relocation
Statutes generally require notice to the other parent and a court to determine whether relocation is permitted. Relocation will be permitted if in the child’s best interest and not intended to thwart the relationship with the other parent.
