K. Child Custody Flashcards
When will Indian tribes have jurisdiction over Child custody proceedings involving Indian children?
Indian child residing/domiciled within Indian tribe
Indian child NOT residing/domiciled within Indian tribe
- State court proceeding for foster care placement/termination of parental rights
- Transfer from State Court proceeding to Indian jurisdiction
- UNLESS Parent objects
How may court determine Child’s custody if disputed by Parents?*
Child’s best interests
- Quality of home environment
- Parental guidance provided
- Parents’ financial status + ability to provide
- Parents’ relative fitness
- Period of custody
- Domestic violence + preponderance of evidence
- Any prior awards
- Child’s preferences
When may Court deprive Parent’s custody of Child in Child’s best interests?
Surrender Abandonment Neglect Unfitness Other like extraordinary circumstances
When may visitation/access to Child by Non-Custodial Parent NOT be allowed?
Exceptional circumstances
- Visitation/Access would be harmful to Child’s welfare
- Parent forfeited access rights in some manner
When may Grandparents seek custody/visitation?
1) Standing
- Grandchild’s parents are dead
- Circumstances warrant Court’s equitable intervention
2) Appropriate in Child’s best interests
When may Non-Birth/Non-Adoptive Parents have standing to petition for custody/visitation of Children?*
1) Agreement with Birth Parents to conceive and raise Child as co-parents
2) By clear + convincing evidence
What are the types of custodial arrangements?
Sole custody
Joint legal/physical custody
- Relatively stable, amicable parents behaving in mature civilised fashion
What is required for modification of custody/visitation orders?*
Change in circumstances
Necessary to ensure Child’s continued best interests
What may Court consider regarding whether relocation of Child from Parent be appropriate?*
1) ALL relevant facts and circumstances
- Impact of relocation on Child + Non-custodial Parent’s relationship
- Impact of relocation on Custodial + Non-custodial Parent’s relationship
- Impact of relocation on extended family relationships
- Economic necessity/health-related concern that justifies relocation
- Second marriage’s demands
- Custodial Parent’s opportunity to improve his economic situation
- Parents’ good faith in requesting/opposing relocation
- Child’s respective attachment to Parents
- Possibility of devising visitation schedule allowing Parent to maintain meaningful relationship
- Quality of lifestyle that Child would have if relocation was allowed/NOT allowed
2) Most likely outcome to serve Child’s best interests