VI. Child Custody and Visitation

Question 1

Generally

Answer 1

• includes a consideariotn of both legal & physical custody, right to make major decisions affteing the childs life, or physicall caring ofr them, which is actual psosession and control.
• Either or both can be join or sole

Question 2

Jurisdiction of determination

Answer 2

• More than one state, determines custody accoridng to UCA JPA

Question 3

When can GA make inital custody award

Answer 3

1. when it is the home state of the child or was within 6 months of the proceeding and a parent is current resident
   
   1. home if where lived with paretn for six consecutive months
2. if no state has home state jursidcitoin, can assume j if the child has significant conncetion with GA and there is substantial evidence of the child’s well being in GA
3. If no state with home state or sig connection j and other states have declined b/c ga is more apprioriate, GA can assume deferred j
4. if no other state exercises J

Question 4

Modification of GA decree

Answer 4

Continuing jursidiciton unless

• no sig connection or sub evidenc in GA
• OR no child or parent reside in GA

Question 5

Modification of another state’s decree

Answer 5

must have jursidction under 1 or 2 and the otehr sate court no longer has continuing, exclusive J

Question 6

Declining Jurisdiciton

Answer 6

• Must not if a proper proceeding was pending elswhere hwne petion was filed unless they defer
• if the person seeking to invoke GA J has engaged in unjustiable conduct, unless all parties agree, the other state defers, or default

Question 7

Temporary Emergency J

Answer 7

ok if:

• child is physicaally prsent AND
• child has been abused or necessary to protect child because child sibling or parent is subject to abuse

Order valid until custody order entered or if not, will become valid final determination. If valid exists in other state, must specify time limit for emergency

Question 8

Best interest of child standard

Answer 8

1. Parents wishes or agreements (not binding)
2. WIshses of child
   
   • b/w11-13–not controlling
   • 14+ control if they are in best interest
3. Intereaction of child with parent siblings and others who affect best interest
4. Adustment to home school & community
5. mental and physical health of those involved
6. Parental conduct and fitness

Question 9

Non parents

Answer 9

courts will rarely rule against parents in fight with non parents unlesss they show they are unfit by clear and convincing evidence

Question 10

Modification of custody

Answer 10

overriding concern is childs best interest

substantial and material changes

may also change if there were facts that weren’t disclsoed to the court

Question 11

Rights of parents to visitation

Answer 11

sole physical custody must allow other parent reasonable visitation although subject to limiation if conduct might injure child

Question 12

Rights of non parents to visition