Family law Flashcards
What court has competency to determine child custody?
circuit court
Exclusive continuing jurisdiction
The court that made the initial custody/visitation determination has exclusive continuing jurisdiction until the court determines:
(1) neither child nor child’s parents still reside in the state OR
(2) the child no longer has a significant connection with the state AND substantial evidence relating to the child’s care, protection, training, and personal relationships is no longer available in that state.
When does the home state rule not apply? (significant connection test)
When NO other state has home state jx (or home state declined to exercise jx) AND
(1) the child and at least 1 parent has significant connection with the state and
(2) substantial evidence is available in the state concerning the child’s care, protection, training, and personal relationships
When can a court decline jurisdiction?
(1) inconvenient forum
(2) party’s unjustifiable conduct
inconvenient forum
a court with jx may decline to exercise if it determines that it’s inconvenient and another state is a more appropriate forum, taking into account factors such as whether there is DV involved, the length of time the child resided out of state, the financial circumstances of parties, location of relevant evidence.
party’s unjustifiable conduct
a court may decline to exercise jx if the party seeking to invoke jx has engaged in unjustifiable conduct, such as wrongfully taking the child from another state
Relocation
If a parent wants to move child at least 50 miles from current residence, parent must obtain written consent of every person entitled to timesharing or serve a petition to relocate on every person entitled to timesharing. If no objection filed, presumed to be in BIC.
What will court consider when deciding whether to grant relocation petition?
(1) involvement of each parent, siblings and other people in child’s life and feasibility of preserving those relationships if relocated
(2) child’s age and needs
(3) child’s preference, taking age into account
(4) employment & financial circumstances of each parent and whether relocation will enhance quality of life
(5) reasons for seeking/opposing relocation
(6) whether good faith and whether objecting parent has complied with support obligations
(7) career opportunities available to objecting parent
(8) history of DV/substance abuse
Relocation in violation of statute
Violation may be taken into account by court as
(1) factor in determining relocation of child / determining whether the parenting plan or time sharing schedule should be modified
(2) basis for ordering temporary or permanent return of child
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What will court consider when establishing or modifying parental responsibility (custody)?
(1) each parent’s capacity to encourage close parent-child relationship
(2) division of parental responsibilities and tasks
(3) length of time child has had stable environment and desirability of maintaining continuity
(4) geographic viability of parenting plan
(5) moral, mental, physical fitness of parents
(6) reasonable preference of child, depending on age/maturity
(7) each parent’s ability to provide routine to child
(8) evidence of DV, abuse, abandonment ,neglect
(9) ability of parent to protect child from ongoing litigation
What is the standard to modify parental responsibility?
substantial, material, and unanticipated change of circumstances and determination that change is in BIC
What is the preferred custody arrangement?
shared parental responsibility unless it is detrimental to the BIC
Best interest of the child factors for custody and timesharing
(1) capacity and disposition of each parent to encourage a close and continuing parent child relationship, to honor timesharing schedule and be reasonable when changes are required
(2) division of parental responsibilities and tasks
(3) length of time child has lived in stable environment and desirability of maintaining continunity
(4) geographic viability of parenting plan, including travel time and schooling
(5) moral fitness of parents
(6)health of parents
(7) preference of child
(8) parent’s ability to provide routine
(9) DV, abuse, abandonment, neglect
(10) capacity to protect child from ongoing litigation
child support modficiation factors
substantial, material, and unanticipated change including
(1) financial ability and needs of parties and children
(2) complaince with child support guidelines and
(3) finding that medical insurance is reasonably available
factors that MAY cause court to adjust minimum child support award
(1) extraordinary medical / education expenses
(2) seasonal variations in income
(3) child’s age
(4) particular shared parental arrangement and
(5) total assets of parents and child
