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Parenting Plans/Relocation Flashcards

1
Q

What must court consider before doing electronic communication by that statute?

A

BIC
Available, afforadable way to communicate
History of DV/substance abuse
Any other factor

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2
Q

Must court award phone contact with other parent?

A

Yes, rebuttable presumption phone is BIC

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3
Q

Parenting plan doesn’t have methof of electronic communication with other parent. Do you have to file a petition to modify?

A

Yes, but don’t have to prove substantial change

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4
Q

Must court make findings for each timesharing factor?

A

No, just has to do BIC

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5
Q

What relief can court order to prevent removal of child?

A

Order not to remove from state, US, or non-HAGUE
Passport surrender
Bond (look at all possible facts and removal-related facts to support this)
Require FJ registered in other states

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6
Q

What must be in a PP to avoid reversal?

A

Timesharing
Adequate detail on daily tasks
Decision-making on healthcare, school, registration
Communication methods/technologies

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7
Q

Parenting plan has 50/50 schedlue. NOthing on holidays. Appeal?

A

Yes, must have sufficient detail on timesharing.

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8
Q

What is court to consider in making PP?

A

BIC!

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9
Q

Pneumonic for best intersts factors?

A

MR HEARTFACT PIT PALNAP

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10
Q

WHAT IS MR. HEARTFACT PIT PALNAP?

A

BEST INTERESTS FACTORS

Moral fitness
Record in home/school

Health of parents
Encourge relationship with parent
Act in BIC
Routine for child
Travel time

False info on abuse/neglect
Actual abuse/neglect/DV
Communnication methods with other parent
Tasks by each parent

Parental responsibilities after divorce
Informed by other parent
Time in stable home

Participation in school
Abuse of substances
Litigation - kept from
Needs (development)
Anything else
Preference of child
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11
Q

What is standard for determining PR?

A

Competent, substantial evidence

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12
Q

When is there a presumption of detriment to kids for PR?

A

DV Misdemeanor 1st degree or above

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13
Q

WHen does court interfere with choice of religion for kids?

A

Clear, affirmative showing of harm to kids

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14
Q

“Reasonable access” in PP - valid?

A

Nope

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15
Q

Remember, if not on notice or not pled, court can’t do

A

(No answer)

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16
Q

If restrictng time with parent, what must findings say?

A

Timesharing must affect the welfare of the child to justify restirctions

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17
Q

What relief avalable if not exercising time?

A 
Makeup time
Fees
Parenting course
Community service
Put financial burden on other parent if live more than 60 miles
Other sanctions
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18
Q

What is test to implement social investiagtion?

A

Parenting plan at issue
AND parents don’t agree
AND study hasn’t been done or is done and insufficient

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19
Q

Who can do social investigation

A

Court staff, placing agency, psychologics, social worker, marital/familiy therapist, mental health counselor, DCF if indigent

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20
Q

When can social investigation be thrown out?

A

If not given to parents OR not given in enough time to depose expert (continue trial)

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21
Q

When can child hearsay be admitted?

A

Indications of trustworthiness
AND
Time/content/circumstances relfect sufficient safeguards for reliability

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22
Q

Must court order court reporter for in camera w/ child?

A

No, but you should for due process

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23
Q

When must GAL be appointed?

A

Allegations of child abuse, neglect, abandonment

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24
Q

What is the standard of review for PP?

A

Abuseo f discretion

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25
Child isn’t in FL. Can FL do PP?
Yes, if child was removed to avoid having PP entered
26
Does adultery matter for PPs?
Nope, unless it affects them
27
Define relocation
Change in PRINCIPAL RESIDENCE Of PARENT OR ACTING AS PARENT 50 miles 60 consecutive days
28
Requirements for relocation by agreement
Consent Has TS schedule Has transportaiton arrangements Then presumed BIC
29
Name 8 requirements of petition to relocate
``` Sworn Description of location Address Phone Date relocation Reasons/job offer TS and transport Objection language IN ALL CAPS ```
30
If no response to relo petition, what does court do?
Presume BIC, order relocation
31
Requirements of objection to relo?
Verified | Specific Factual basis
32
Someone files motion to temporary relocate. Standard to approve or deny?
Approve: Petition properly filed Likelihood of relocation BIC ``` Deny: Petition invalid No agreement Unlikely to prevail No BIC ```
33
Court grants temporary relocation. Time for trial. Is that order persuasive?
Nope. No presumption at trial.
34
Pneumonic for relo factors?
PHARIE GOOSE | And then mister pit palnap
35
What are relocation factors?
PHARIE GOOSE ``` Preference of child History of DV/abuse Age/development Reasons for relocation Involvement of parents Enhancement of quality of life ``` ``` Good faith of moving parent Opportunities in new place (career) Other factors Substitute TS for other parent Employment/economic factors on family ```
36
Parenting plan and relocation - must court list all factors?
Relocation yes. Parenting plan no.
37
Burden for relo?
Preponderance BIC to move, preonderance move not BIC
38
What must be in order approving relocation?
Phone contact Transportation costs TS
39
Stadnard of review for relocation?
Statutory findings - abuse of discretion | Application of factors - de novo
40
Timeline for relo trials?
30 days for temporary, 90 days for final hearing
41
Is relocation a substantial change in circumstances to modify PP?
Not by itself
42
Objection to relocation not sworn - then what?
it’s good enough to need trial
43
Order saying “no relocation outside of Dade.” Permissible?
No. Esp not if not tried or pled.
44
Court changes 50/50 to 60/40 in contempt hearing. Permitted?
No, unless BIC/substantial change pled
45
FJDOM says no one can move outside of Dade absent consent. You want to move to GA. What do you do?
Move to modify FJ and prove substantial change, then prove relocation.
46
REmember Bock case - UCCJEA doesn’t remove jurisdiction from FL unless virtually all contacts lost. Priority to where kid lived 6 mo prior to proceeding.
47
On 6/1, M files petition to relocate, not verified. F objects On 6/30, M verifies it. Valid or invalid?
Valid, can cure lack of verification
48
M files for relocation. M loses. Court gives custody to F. What now?
Wrong. unless F pled for custody, was not tried.
49
Mom moves without consent. Files relocation. Now what?
COurt proceeds on relocation, if BIC/factors permit.
50
M files relocation. She loses and moves anyways. What happens to schedule?
Stays the same unless she pled/proved modification as well.
51
Relocation granted. M has to pay all transportation costs. Valid?
No, can’t hit one parent only with them absent findings/good cause.
52
F wants to move and take kid. Court permits relocation, and says kid is in FL for spring and LA for fall. Now what?
Reverse, that wasn’t pled.
53
What is the MR in MR HEARTFACT PIT PALNAP
Moral Fitness | Record at home/school
54
What is the HEART in MR HEARTFACT PIT PALNAP
``` HEALTH OF PARENTS ENCOURAGE RELATIONSHIP WITH OTHER PARENT ACT IN BIC ROUTINE FOR CHILD TRAVEL TIME ```
55
WHAT IS fact IN MR HEARTFACT PIT PALNAP
False info on abuse/neglect Actual abuse/neglect/dv Communication methods with other parent Tasks by each parent
56
What is pit in MR HEARTFACT PIT PALNAP
Parental responsibilities after divorce Informed by other parent Time in stable home
57
What is PAL in MR HEARTFACT PIT PALNAP
Participation in school/activities Abuse of substances Litigiation - kept separate
58
What is NAP in MR HEARTFACT PIT PAL NAP
Needs/development of child Anything else Preference of child
59
What is PHA in PHARIE GOOSE
PREFERNCE OF CHILD HISTORY OF DV/ABUSE AGE/DEVELOPMENT
60
WHAT IS RIE IN PHARIE GOOSE
REASONS FOR RELOCATION INVOLVEMENT OF PARENTS ENHANCEMENT OF QUALITY OF LIFE FOR PARENT OR CHILD
61
WHAT IS GOOSE IN PHARIE GOOSE
``` GOOD FAITH OF MOVING PARENT OPPORTUNITIES IN NEW PLACE (JOB) OTHER FACTORS SUBSTITTUE TIMESHARING FOR OTHER PARENT ECONOMIC/EMPLOYMENT FACTORS ```
62
What do you need to prove for exclusive use?
BIC | Affordable housing available to H

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