Fam Law Ch 7

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Fam Law Ch 7
2011-11-09 20:36:01
Family Law

Family Law Chapter 7
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  1. Historical Custody Standards?
    • Patira Potestas
    • Tender Years Doctrine
    • Best Interest of the child
  2. Patria Potestas
    • Right for fathers to possess their children.
    • Children viewed as property
  3. Tender Years Doctrine
    • Presumption that young children were better off with their mother
    • "Even the weakest women have the trait of motherly love"
  4. Best Interest of the Child
    • No presumption of either parent
    • Determined by primary caretaker, psychological parent, and statutory factors.
  5. Primary Caretaker v. Psychological Parent
    • Both have similar standards
    • Strongest bond = parent the child bonded with the most
    • Parent who has done most of the parenting since birth or years preceding the dissolution.
  6. Eight Factors for Best Interest?
    • Child's Age and Sec
    • Mental & Physical Health of everyone involved
    • The wishes of parents
    • Evidence of family/domestic violence by either parent
    • The child's wishes if they're at least 14
    • The childs adjustment to his/her school & community
    • The child's relationship & interaction with parents siblings, and anyone else who should be considered.
    • Whether or not the child has been cared for by a de facto custodian.
  7. Other things the court might consider?
    • Parental miscount/criminal activity
    • Religious beliefs/training
    • Parents disobeying court orders
    • The fitness of either parents
    • Maintain permanence/stability in the child's life
    • Either parent moving out of state.
  8. Types of Custody?
    • Sole
    • Joint
    • Physical
    • Legal
    • Split
  9. Legal v. Physical Custody
    • Legal means decision making (health, education, and religion)
    • Physical = where the child will spend most of his/her time; the physical care and supervision of the child.
  10. Sole?
    • One parent is the custodial parent (makes major decisions and the child lives in their home, has them at least 50.1% of the time)
    • The other pays child support and has visitation.
  11. Split?
    • Each parent has sole/primary custody for part of the year.
    • During, one parent has cusotdy and the other has visitation.
  12. Joint?
    • Both parents share making decisions about upbring
    • They share having the child reside with them.
    • Parents must be willing to cooperate.
    • Child support may or may not be needed
  13. Joint Physical Custody?
    • Child stays with each parent at different times like Monday-Thrusday.
    • Time does not have to be equal.
    • Each parent may have visitation rights
    • Often accompanied by joint legal custody.
  14. Joint legal custody?
    • Both parents share the decision-making powers concerning the child's upbrining.
    • Parents MUST agree or compromise.