1. Child Custody Part III
March 16, 2004

2. Review BEST INTERESTS FACTORS THAT RAISE CONSTITUTIONAL ISSUES:
BEST INTERESTS FACTORS THAT RAISE CONSTITUTIONAL ISSUES:
GENDER/RACE: Consideration as Sole Factor Violates Equal Protection
RELIGION: 1st Amend Free Exer/Estab Clauses Require No Consid or Religion Unless Substantial Harm to Child

3. Child’s Voice in Custody Proceeding
Child’s attorney:
Best Interests
Advocate for Child’s Pref
Waive Privilege for Child’s Expert Testimony
Child’s expert testify
3. Child as witness/chambers interview

4. What Weight Do Courts Give:
Morality/Sexual Orientation
Careers
Domestic Violence
Physical Handicaps

5. All Subject to Nexus Test:
Only relevant if harm to child can be demonstrated

6. Joint Custody Approaches
Presumption in favor (variation on whether includes both physical/legal, legal only or silent)
Preference
Permit (some only w/agrmt of parents; some w/o agrmt)
Majority approach
Disfavor
* Maryland approach: joint custody can be ordered w/o agrmt of parents if Taylor v. Taylor, 306 Md. 290 (1986) factors present

7. Taylor Joint Custody Factors:
Parents’ capacity for communication & cooperation
Willingness of parents to share custody
Preference of child
Disruption to child’s life
Geographic proximity of parental homes
Demands of parental employment
Sincerity of parent’s request