K. Child Custody Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

When will Indian tribes have jurisdiction over Child custody proceedings involving Indian children?

A

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
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2
Q

How may court determine Child’s custody if disputed by Parents?*

A

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
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3
Q

When may Court deprive Parent’s custody of Child in Child’s best interests?

A
Surrender
Abandonment
Neglect
Unfitness
Other like extraordinary circumstances
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4
Q

When may visitation/access to Child by Non-Custodial Parent NOT be allowed?

A

Exceptional circumstances

  • Visitation/Access would be harmful to Child’s welfare
  • Parent forfeited access rights in some manner
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5
Q

When may Grandparents seek custody/visitation?

A

1) Standing
- Grandchild’s parents are dead
- Circumstances warrant Court’s equitable intervention

2) Appropriate in Child’s best interests

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6
Q

When may Non-Birth/Non-Adoptive Parents have standing to petition for custody/visitation of Children?*

A

1) Agreement with Birth Parents to conceive and raise Child as co-parents
2) By clear + convincing evidence

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7
Q

What are the types of custodial arrangements?

A

Sole custody

Joint legal/physical custody
- Relatively stable, amicable parents behaving in mature civilised fashion

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8
Q

What is required for modification of custody/visitation orders?*

A

Change in circumstances

Necessary to ensure Child’s continued best interests

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9
Q

What may Court consider regarding whether relocation of Child from Parent be appropriate?*

A

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

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