Zusammenfassung der Ressource
Child Custody
Anlagen:
- Who's Involved?
- Parents
- Attorneys
- The Child
- Guardian ad Litem
- Attorney ad Litem
- Witnesses
- DCS,
friends,
neighbors,
police, CASA
etc.
- The Court
- 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
- Legal
- Decision
making
authority
- Split Custody
- Each parent gets
physical and legal
custody of at least
one child
- Family unit is
completely
split
- Not favored
by the
courts
- 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
- 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
- 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
- Other Concepts
- Primary Caretaker
Presumption
- Favors the person who
performed most significant
parenting tasks
- See TCA 36-6-106(a)(1) and (5)
- 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
- 4. Post Divorce Custody Issues
- Parenting Plans
Anmerkungen:
- 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
- Enforcement
- Civil Contempt
- Criminal Contempt
- Alter Visitation/Custody
- 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
- The Paralegal's Role
- p. 353-354