Parenting

Question 1

Who may file for custody in PA

Answer 1

• Parents & people in loco parentis
• Grandparents

Question 2

What must a grandparent prove to be granted custody?

Answer 2

• Their relationship w/ the child began w/ parental consent or a court order
• They have assumed or are willing to assume responsibility for the child
• One of the following: 1) Child determined dependant, 2) child is at substantial risk 3) child has resided with the grandparent for at least 12 months

Grandparents can file for partial physical or supervised custody under similar circumstances

Question 3

What must someone who isn’t a grandparent or in loco parentis prove to be granted custody?

Answer 3

• They have or are willing to assume responsibility
• a sustained, substantial and sincere interest in the welfare of the child.
• Neither parent has any form of care and control of the child

Question 4

Custody factors mainly focus on what?

Answer 4

The best interests of the child

Question 5

What are a parent’s duties?

Answer 5

meeting physical, emotional, & social needs of a child

Question 6

What are the limits on parental authority?

Answer 6

○ Delinquency-criminal acts by minors
○ Dependency - neglect
○ Medical needs
○Educational needs - truancy

Question 7

What is a child

Answer 7

An unemancipated individual under 18 years of age

Question 8

What is legal custody?

Answer 8

The right to make major decisions on behalf of the child

including, but not limited to, medical, religious and educational decisions

Question 9

What is partial physical custody?

Answer 9

The right to assume physical custody of the child for less than a majority of the time.

Question 10

What is primary physical custody?

Answer 10

The right to assume physical custody of the child for the majority of time.

Question 11

Sole legal cusody

Answer 11

The right of one individual to exclusive legal custody of the child.

Question 12

Sole physical custody

Answer 12

The right of one individual to exclusive physical custody of the child.

Question 13

Supervised physical custody

Answer 13

Custodial time during which an agency or an adult designated by the court or agreed upon by the parties monitors the interaction between the child and the party

Question 14

Relocation

Answer 14

A change in a residence of the child which significantly impairs the ability of a nonrelocating party to exercise custodial rights.

Often asked for, seldom granted

Question 15

Standing for any form of custody

Answer 15

• Parents
• Grandparents
• Certain individuals with an interest in the child’s wellbeing

Question 16

How to begin a custody analysis for a grandparent or 3rd party?

Answer 16

first analyze standing to bring forth the action before you go through the best interest analysis

No standing-no access to courts/children
If standing-conduct best interest analysis

Question 17

Presumption of custody in cases between parents

Answer 17

there shall be no presumption that custody should be awarded to a particular parent.

Question 18

Presumption of custody in cases between parent & 3rd party

Answer 18

a presumption that custody shall be awarded to the parent. The presumption in favor of the parent may be rebutted by clear and convincing evidence

Question 19

Presumption of custody in cases between 3rd parties

Answer 19

There is no presumption between 3rd parties in a custody action.

Question 20

Tender years doctrine

Answer 20

The idea that children are better of with their mother, especally in early years. The doctrine is outdated and has been replaced by the best interest factors

Question 21

What are some of the questions used to determine who the primary caregiver is?

Answer 21

Who cooks meals
Who makes medical appointments
Name of doctor/teacher
Do they have allergies

Question 22

Factors to consider when awarding custody

Answer 22

Courts shall determin the best interest of the child by considering all relevant factors.

Question 23

Best interest factors

Answer 23

• Which party is more likely to ensure the safety of the child
  *present and past abuse committed by a party or member of the party’s household
• Each party’s parental duties
• stability and continuity in the child’s education, family life and community life
• availability of extended family & sibling relationships

Not all factors

Question 24

Best interest factors introduced by Kayden’s law

Answer 24

• Information relating to child abuse and involvement with protective services
• Violent or assaultive behavior committed by a party
• The party more likely to encourage/permit contact between the child and another party if contact is consistent with the safety needs of the child

Question 25

Relocation factors

Answer 25

* Child's relationship w/ party proposing to relocate and the nonrelocating party * Age, developmental stage, needs, & impact of the relocation * feasibility of preserving the relationship between the nonrelocating party and the child * Child's preference * A pattern of conduct to twart the relationship between the child and either party * reasons for seeking relocation

Question 26

What puts a child at substantial risk | For standing of a grandparent not in loco parentis

Answer 26

parental abuse, neglect, drug or alcohol abuse or incapacity