Non-Econ Divorce Incidents Flashcards
Non econ
- custody
- visitation
Child custody
disputes primarily about the child’s residence
fed. law on interstate custody juris.: UCCJEA and PKPA
(to prevent forum shopping & kidnapping)
- joint/shared custody
- monoparental custody**
Child custody jurs.
according to UCCJEA & PKPA:
- home state of child’s residence (6 months preceding custody petition; priority)
- no jurs. may be asserted where custody proceedings are pending before another jurs.
- no jurs. may be asserted where petitioner has wronfully taken child from another state
international custody disputes
- court abstention where child had been wronfully removed
- return remedy applies
- exceptions for dv, mature minor, risk to child safety
- wronful removal in violation of ne exeat right violates parents right of custody
joint custody
joint legal custody + joint physical custody
(best interest of the kid: need relationship w/ both parents)
pros of joint custody
- involvement of both parents beneficial to child
- shared burdens of child rearing
cons of joint custody
- expose kid to conflict if joint parenting is ineffective
- time distribution may affect child’s sense of stability
- time distribution rarely is equal
monoparental custody
- custodial parent: sole physical (sometimes legal) custody of mutual children; does not pay child support
- noncustodial parent: gets visitation rights and pays child support
pros of monoparental custody
- central residence for child
- decision making less complicated
- suitable if one parent is unfit
- suibtable if amicable joint parenting impossible
cons of monoparental custody
- one parent loses meaningful relationship
- judicial decision-making difficult in practice
- potential for judicial bias; judge has preconceived notions
best interests of the child standard
modern test
common factors:
1. parental fitness
2. parents ability to fill child’s material needs
3. primary caregiver
4. child preference
5. willingness to support child contact and relationship
6. any other factor court deems appropriate
* race can be factor, not sole consideration
* court cannot intrude on treatment of child unless child in danger
Visitation rights of non-custodial parent
access and visitatoin rights granted to fit non custodial parent unless serious risk to child; potential harm would warrant restriction, absent this, cannot restrict visitation (only parents)
Relocation Restrictions
may apply, applicable to parent with sole custody of child
requirements:
- non-custodial parents consent, OR
- notice + court’s authorization
potential outcomes of relocation
yes: court may determine visitation schedule & allocatoi of transportation costs
no: loss of physical custody of child
Factors for relocation
- reason for relocation (good cause)
- financial resources of both parents
- relationship with both parents
- custodials parents willingness to promote childs contact with non-custodial parent
- any other court considers relevant
- best interest of child standard applied
