Custody

Question 1

Factors for Joint Custody (5)

Answer 1

Courts consider:

1) FITNESS of both parents
2) whether parents AGREE on JC
3) parents’ ability to COMMUNICATE & COOPERATE concerning child’s wellbeing
4) CHILDS PERFERENCE (if 12 or older)
5) INVOLVEMENT LEVEL of each parent in child’s life
6) PROXIMITY of Parent’s homes
7) EFFECT of JC on child’s psychological development

Question 2

BIOC Standard considers (6)

Answer 2

• Wishes of Parent’s
• Child’s Preference
• Child’s Relationship
• Child’s adjustment
• Parties mental/physical health
• Child’s primary caregiver

Question 3

Modification of custody allowed when

Answer 3

• substantial change in circumstance affecting child’s wellbeing (usually unforeseen at time of initial judgement)

Question 4

Relocation of Parent/Child Process

Answer 4

• If JC –> considered substantial change in circumstances, warranting custody modification.

Process:

1) notice to other parent required & court hearing to determine if relocation permitted
2) If move is sought in good faith & in BIOC = approved
3) court balances impact on visitation v. benefits of move

Question 5

Sole Custody

Answer 5

• usually only awarded if strong evidence that it is in BIOC
• If awarded - other Parent still entitled to visitation unless harm will result

Question 6

Custody/Visitation to Nonparent

Answer 6

• Parent has Constitutional right to raise their kid
• Absent voluntary relinquishment, parent entitled to custody unless nonparent can show parent is unfit or parent having custody will cause harm to kid
• SCOTUS states that if parent is fit, wishes on nonparent visitation are constitutionally protected and must be given special weight

Question 7

Unwed Fathers Custody Rights

Answer 7

Protected by due process clause and have custody rights if they demonstrate parental responsibility.

unwed father must be willing to assume custody of the child and not merely block adoption by others.

Other considerations include

• publicly acknowledging paternity,
• paying pregnancy and birth-related expenses,
• taking steps to establish legal responsibility for the child,
• showing a commitment to the child.

Question 8

Rights of parent when someone else wants to adopt

Answer 8

• Entitled to notice of proceeding
• involved parent who demonstrates full commitment to responsibilities of parenthood, likely can successfully oppose adoption

Question 9

The child of a married women is ________________.

Answer 9

presumed to be the child of her husband.

Question 10

Adoption Requirements

Answer 10

• Termination of Natural Parents’ rights - generally need consent of both biological parents. (consent may not be needed if parental rights terminated)

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