Children Flashcards
Custody
When granting custody, the court will consider the bests interest of the child. The presumption is shared parental responsibility because there is a public policy preference that each parent should be involved in decision making and have frequent contact with the child.
Parenting Plan
Parents must submit a parenting plan. This document governs the relationship between the parents with respect to decisions affecting the child, and when each parent will get the child.
Factors Determining Best Interests of the Child
- Age and health of all parties
- Where the parents will live
- Where the extended family lives
- Where the child goes to school
- Preference of the child
- Where the child familiar is with
- If there are other children, where do they live?
- Cooperativeness of the parents
Relocation
If a parent seeks to move the child more than 50 miles away from the principal residence, there must be consent of the other parents and the court. The burden is on the moving parent to show the move is in the best interests oft he child. The other parent can rebut this claim by proving the move is not in the best interests of the child. There is presumption that the move is in good faith, but it may result in a change to the parenting plan.
UCCJEA
A Florida court may not modify a registered child custody determination of another state, except in accordance with the UCCJEA. The jurisdiction test is which state is the child’s home state. The child’s home state is the state in which the child has been living for at least 6 consecutive months before the proceeding. Florida may modify the initial custody determination only if it is determined the original court no longer has exclusive continuing jurisdiction or the child and parents do not reside in the original state anymore.
Modification of Child Custody Arrangement
An initial custody arrangement can be modified when there is a substantial, material, and unanticipated change of circumstance.
