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Child Custody

Mind map: Child custody
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Child Custody
Who's Involved?
- Parents
- Attorneys
- The Child
- Guardian ad Litem
- Attorney ad Litem
- Witnesses
- DCS, friends, neighbors, police, CASA etc.
- The Court
- Parents
1. Types of Custody
- Sole or Joint
- Physical
- Where or with whom the child resides
- Custodial/Residential Parent
- Parent with whom the child mostly resides
- Noncustodial/Alternate Residential Parent
- Parent lacks sole physical custody, but still has parental rights and responsibilities
- Custodial/Residential Parent
- Where or with whom the child resides
- Legal
- Decision making authority
- Physical
- Split Custody
- Each parent gets physical and legal custody of at least one child
- Family unit is completely split
- Not favored by the courts
- Family unit is completely split
- Each parent gets physical and legal custody of at least one child
- Sole or Joint
2. Jurisdictional Issues
- UCCJEA
- Designed to reduce jurisdictional conflicts between states in child custody matters
- Adopted by TN TCA 36-6-201 et. seq.
- Key Terms
- Home State Jurisdiction
- State where child has lived with a parent for at least 6 consecutive months
- It's the #1 option for jurisdiction
- Significant Connection Jurisdiction
- Used if child has no home state or home state declines jurisdiction
- Must be "substantial evidence" tying the child to the state
- More appropriate forum
- Home state and state with significant connection may decline jurisdiction if another state is more appropriate
- Vacuum/last resort Jurisdiction
- Jurisdiction based on the fact that no other state will act
- Temporary Emergency Jurisdiction
- Child is present in the state & needs protection
- Continuing Exclusive Jurisdiction
- Remains with the initial state until
- The initial court determines child and child's parents no long live in that state
- OR the initial court determines the substantial connection is lost
- The initial court determines child and child's parents no long live in that state
- Remains with the initial state until
- Home State Jurisdiction
- Designed to reduce jurisdictional conflicts between states in child custody matters
- Parental Kidnapping Prevention Act
- Federal Law requiring states to honor other states' custody orders so long as those orders comply with PKPA
- Original state maintains jurisdiction until no longer the "home state" or neither child nor parent resides there
- Federal Law requiring states to honor other states' custody orders so long as those orders comply with PKPA
- UCCJEA
3. Standards for Custody Decisions
- Paternal/Maternal Preference
- Largely abolished
- Tender Years Doctrine
- Idea that custody of young children should go the mother unless she is unfit
- Best Interests of the Child
- Focuses on the child's needs rather than the parent's wishes
- TN has 15 factors to consider; TCA 36-6-106
- Focuses on the child's needs rather than the parent's wishes
- Other Concepts
- Primary Caretaker Presumption
- Favors the person who performed most significant parenting tasks
- See TCA 36-6-106(a)(1) and (5)
- Favors the person who performed most significant parenting tasks
- ALI Approximation Rule
- Responsibilities post-divorce should mirror how each parent care for the child when the family was intact
- Other Factors
- p. 319-329
- Primary Caretaker Presumption
- Paternal/Maternal Preference
4. Post Divorce Custody Issues
- Parenting Plans
- http://tncourts.gov/node/253
- Visitation
- Flexible vs. Defined
- Supervised vs. Unsupervised
- Factors p. 332
- Decision Making Child Support Parent Education Relocation
- Modification of Custody
- Must show "substantial & material change of circumstances" affecting the child
- Court must consider: foreseeability of the change, the child's best interest
- Relocation
- Must give notice: 60 days in TN 36-6-108(a)
- TCA 36-6-108(d) gives factors a court would consider
- Must give notice: 60 days in TN 36-6-108(a)
- Must show "substantial & material change of circumstances" affecting the child
- Enforcement
- Civil Contempt
- Criminal Contempt
- Alter Visitation/Custody
- Parenting Plans
5. Interests of 3rd Parties
- Psychological Parents
- Standing?
- Step-Parents
- TCA 36-6-303
- Grandparents
- May have visitation rights; TCA 36-6-302, 306, & 307
- Psychological Parents
The Paralegal's Role
- p. 353-354
Information
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- Law Mind Map on Child Custody, created by Mark Garland on 03/10/2016.
- Created by
- Mark Garland
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