custody enforce/JX

Question 1

possessory conservatorship (heavily tested)

Answer 1

• provides the right to manage the child while the child is in the parent’s possession, such as consent to medical treatment in an emergency and the right to be consulted
• typically fewer rights than a SMC
• court can include a requirement for electronic communication if:
  1) it is in the BIOTC AND
  2) it is reasonably available

Question 2

modification of conservatorship

Answer 2

• must show a material and substantial change in circumstances
• EX: remarriage, having another child, advancement in a job, moving away
• any modification must be BIOTC

Question 3

child’s preference-modification of conservatorship

Answer 3

• child who is 12 or older can express preference to the judge in chambers
• can be used instead of showing a material and substantial change in circumstances

Question 4

possession relinquished-modification of conservatorship

Answer 4

• if possession has been primarily relinquished for a period of at least 6 months, modification need only be in BIOTC
• doesn’t apply to military
• if conservator is ordered to military deployment, either conservator may file for a temp order without showing a M&S change

Question 5

modification of prim possession with in 1 year of the last order

Answer 5

• child’s present environment may edanger the child’s phys health or sig impair the child’s emotional development
• person with primary possession consents and it is in the BIOTC OR
• there has been a voluntary relinquishment of possession for at least 6 mo and it’s in the BITOC

Question 6

enforcing custody-writ of habeas corpus

Answer 6

-when a possessory conservator withholds possession of a child in violation of an order
-only issue is whether the movant is entitled to possession
Exception:
1) movant has actually relinquished possess and control at least 6 mo before filing for habeas corpus
2) there is a serious, immediate question concerning the child’s welfare

Question 7

Tort for Intentional Interference with Child Custody

Answer 7

• occurs if a person takes or retains possession of a child in violation of an order
• can recover actual damages for locating and recovering the child, attys fees, and damages for mental anguish and suffering
• can sue 3P who aid or assist a parent to commit the kidnapping

Question 8

contempt

Answer 8

• if child not returned according to court order, it’s a violation
• crim contempt- can be fined $500/violation and can be locked up for up to 6mo/time
• civ contempt: can be incarcerated until the child is returned

Question 9

crim liab

Answer 9

• kidnapping situations

- can claim impossibility as a defense

Question 10

UUCJEA (Uniform Child Custody JX and Enforcement Act)

Answer 10

• Tx has JX to make a custody dtermination when:
  1) texas is the child’s home state, which is one in which the child has primarily lived for the last 6 months as of the time the suit is filed (if under 6 months- where kid lived in begin of life)
  2) TX was the home state of the kid within the last 6 months and child has been removed but a parent still lives in TX;
  3) no other state has JX or the court of the child’s home state has declined JX because of connection to/evidence in TX
  4) no other court has JX under the above criteria

Question 11

temp emergency jx

Answer 11

-cases of abuse
- Tx will give custody order from other state full faith and credit-
-order must be registered by sending a copy to the appropriate TX court
(-Parental Kidnapping Prevention Act)