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Child Custody and Visitation - Coggle Diagram
Child Custody and Visitation
Types of Custody
Legal Custody
Joint Custody
Favored
Both legal and physical custody are shared. . . Both parents must be willing and able to cooperate for the best interests of the child
Neither parent has superior right to make decisions
Physical Custody
Uniform Child Custody Jurisdiction and Enforcement Act UCCJEA
Purpose
Prevent jurisdictional disputes with courts i other states on matters of child custody
Requires SMJ for adjudication under UCCJEA
A court has SMJ to preside over a child custody case and can establish or modify an order IF
Home State
Child has lived there w parent for at least 6 months
If child moved, home state can still have jurisdiction if it was the home state within the last 6 months and a parent still lives there
Significant Connection Jurisdiction
If no home state, if the child and at least 1 parents have significant connections to a new state and
There is substantial evidence in that state concerning the child
Appropriate Connection Jurisdiction
If neither of the 2 above work, then the state with appropriate connections with the child has jurisdiction
Exclusive Jurisdiction
The court that made the initial rulings re. custody continues to have jurisdiction UNTIL
Parties no longer reside in that state or
Child no longer has a significant connection to that state and no evidence
Temporary Emergency Jurisdiction
If a jurisdiction does not otherwise have jurisdiction, a court can get temp emergency jurisdiction if the child is in danger and requires immediate protection
Parental Kidnapping Prevention Act PKPA
Purpose
Prevent kidnapping
Civil interstate custody disputes– including visitation rights
Takes precedence over any state law
Standard
Best Interest and welfare of the child
parent is in the best position to care for a minor child unless deemed UNFIT
Factors
Who took care of child during marriage
Race and religion of parent are NOT considered
Wishes of child
Siblings kept together if possible
Visitation
Noncustodial parent is allowed reasonable visitation
Parents have a constitutional right to have contact with their children
denial of visitation is rare
Third Parties
No protected rights absent a situation where the third party acted in loco parentis for the child
Special Weight given to a fit parents decision :warning:
Unwed Biological father
Has a substantive due process right to have contact with his child but ONLY IF
He has shown a commitment to the responsibilities of parenthood :warning:
FAILURE TO PAY CHILD SUPPORT DOES NOT AFFECT VISITATION
Enforcement
If you want a child custody order to be enforced in another state– Think UIFSA
Register
the order with the new court :warning:
Get a certified copy of the order
Modification
Substantial and unforeseen change in circumstances
MUST BE IN BEST INTEREST OF THE CHILD
FAILURE TO PAY CHILD SUPPORT DOES NOT MODIFY AN ORDER
Relocation
Must be for a
legitimate
and
reasonable
purpose
Harder to relocate when theres joint custody