Custody Flashcards
Jurisdiction for Custody
Court has jurisdiction if:
(1) is child’s home state; or
(2) was child’s home state in past six months and one of the parents still lvies there
If those are not present:
(1) state where child and at least one parent has significant connection and there is substantial ev concerning the child’s care
**Initial court retains exclusive continuing juris until:
(1) parties no longer live in the state; or
(2) child no longer has signficatn connection and substantial ev no longer available in state
When can a court decline juris?
If it finds forum to be inconvenient considering:
- DV has occured and is continuing; consider which state can best protect
- length of time child has been outside PA
- distance bw PA and court in state that would assume juris
- parties’ relative financial circumstances
- agreement of the parties
- nature and location of ev
- ability of each state’s court to decide expediously
- familiary of each state’s court with teh fact and issues in the case
Temporary Emergency Juris
If child has been abandoned or is subjected to mistreatment or abuse
Standard for determining custody
Best interests of the child– consider:
- which party willl encourage continuing contact with other parent
- abuse
- parental duties performed
- need for stability and contiuity of life, edu, etc
- availability of extended family
- relationship with siblings
- preference of child, based on maturity
- attempts of parent to turn kid against other parent
- which more likely to maintain loving, stable, consistent, nurturing relationship
- which more likely attend daily physical, emotional, developmental, educational, and special needs
- proximity of parents’ residences
- availability to care for child
- level of conflict bw parties
- drug or alcohol abuse
- mental and physical condition
- any other relevant factor
Impermissible Considerations for Custody
- race or religion
- parents’ sexual conduct
Grandparents
May seek custody if it is in the best interests of the child and the grandparents
(1) began relationships with consent of parent or by court order
(2) has assumed or is willing to assume responsibility; and
(3) one of the following is met:
- child is dependant according to juvenile delinquency statutes
- child substantially at risk due to parental abuse, neglect, drug or alcohol abuse, or incapacity; or
- has taken on role of parent for at least 12 months
Presumptions
between parents: none
between parent and third party: for parent; may be rebutted with clear and convincing evidence
between third parties: no presumption
Guardian Ad Litem
Duty is to advocate for the child’s preferences and act on his behalf
Visitation
Non-custodial parent is allowed reasonable visitation unless it has an adverse impact on child’s mental or physical condition
Supervised visitation will utilize the least instrusive means
Unless parties agreed, court usually determines time, place, circumstances
*Courts unlikely to restrict based on sexual relationship or cohabitation; will not deny bc parent has HIV
Grandparent Visitation
May seek if parent of chid is dead, marraige is dissolved, or child has resided with grandparents for a year or more
Must also prove is in best intersts of child and will not interfere with teh parent-child relationship
Court must give special weight to a fit parent’s determination of whether it is in the child’s best interest
Punishment for Non-Compliance
May be held in contempt and punishment may include:
- up to 6 months imprisonment
- must specify conditions that will result in release, when fulfilled
- $500 fine
- probation for up to 6 months
- suspension of a driver’s license
- attorney’s fees and costs
Relocation
Either all parties with custodial rights must consent, or court must approave relocation
Party seeking must provide 60 days notice, or 10 days if could not have reasonably known within 60
Parent has burden of proving relocation is in best interests of child
**mention the fundamental right to travel
