Parental Rights

Question 1

What is a parent’s entitlement to custody?

Answer 1

Parent who is living, competent, and has not been found unfit is entitled to custody of the minor child and to direct her education and medical care.

Question 2

Can a non-parent seek custody or visitation rights?

Answer 2

For a non-parent to seek custody or visitation rights over a child with living parents, significant deference must be given to a legal parent’s objection to visitation (i.e., a finding of parental unfitness or harm to the child would likely satisfy this).

Question 3

What is the standard for determining custody and parenting time allocation between parties?

Answer 3

The standard for determining custody and the parenting time allocation between the parties is the BEST INTEREST OF THE CHILD which is determined by examination of all relevant factors including:

+ the wishes of the child as to his custodian;

+ the interaction and interrelationship of the child with his parents, siblings, and any other person who may significantly affect the child’s best interest; AND

+ the mental and physical health of all individuals involved.

Question 4

What is the duration of a parent’s obligation of support?

Answer 4

A parent’s obligation to support a child ends when the child:

+ Reaches the age of majority (18 in most states), OR

+ Is legally emancipated.

Factors for emancipation:

• financial independence
• maturity
• marriage
• having children of their own
• ability to support themselves

Question 5

What court has initial jurisdiction over matters impacting a child?

Answer 5

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a state court can adjudicate over matters impacting a child if it has jx over the child (don’t need jx over respondent spouse).

+ If State X is “home state” has the child lived in State X since birth or at least the last 6 months?

+ If no home state, does State X have significant connections to child?

+ If no home state and State X does not have significant connections, is State X nevertheless the most appropriate forum for the matter?

+ If no to all three, is State X the default jurisdiction?

Question 6

Continuing and Exclusive Jx

Answer 6

Once a state has made a valid child-custody determination under the UCCJEA, the state has exclusive jx over the determination until:

+ A court determines that neither child nor the child and one parent have a significant connection with the state and substantial evidence is no longer available in the state regarding the child’s welfare;

OR

+ A child or both parents move out of the state.