1. © 2006 Thomson Delmar Learning. All Right Reserved. CHAPTER 9 CHILD CUSTODY

2. © 2006 Thomson Delmar Learning. All Right Reserved. What’s Best for the Children? The Battling Baxters: One Family’s Custody Struggle The mediation alternative Role of the mediator Child Custody Chapter 9

3. © 2006 Thomson Delmar Learning. All Right Reserved. The Court’s Role in Determining Custody Custody Visitation Support Best interests of the child Chapter 9 Child Custody

4. © 2006 Thomson Delmar Learning. All Right Reserved. Judicial Decisions Should be Gender Neutral Patria potestas Tender Years Doctrine Chapter 9 Child Custody

5. © 2006 Thomson Delmar Learning. All Right Reserved. Reaching for Uniformity: The UCCJA is Born UCCJA UCCJEA: Offspring of the UCCJA UCCJEA – Home state and continuing jurisdiction – Significant connection with the child (forum non conveniens) – Some kind of emergency situation Chapter 9 Child Custody

6. © 2006 Thomson Delmar Learning. All Right Reserved. UCCJEA: Offspring of the UCCJA (continued) Two newer federal statutes – Parental Kidnapping Prevention Act (PKPA) – Violence Against Women Act (VAWA) Chapter 9 Child Custody

7. © 2006 Thomson Delmar Learning. All Right Reserved. Types of Custody Sole custody Legal custody Split custody Joint custody Physical custody Chapter 9 Child Custody

8. © 2006 Thomson Delmar Learning. All Right Reserved. The Many Options of Child Custody Discuss the mechanics of all types of child custody Court Provides Joint Custody Over Parents Objections Beck v. Beck The Battling Baxters Exhaust J.D. Chapter 9 Child Custody

9. © 2006 Thomson Delmar Learning. All Right Reserved. Weighing Child Support Factors: Where’s King Solomon When You Need Him? Best interests of the child – Investigating the emotional ties of the child to each parent – Amount of child care each parent provided – Wishes of the child – Lifestyle and moral beliefs of each parent – Any other relevant factor Chapter 9 Child Custody

10. © 2006 Thomson Delmar Learning. All Right Reserved. Child Custody Factors Analyzed Primary caregiver Supervised visitation Allen v. Farrow Parental Alienation Syndrome Court Asked: What’s Best, Grandma’s Babysitting or Daycare? Chapter 9 Child Custody

11. © 2006 Thomson Delmar Learning. All Right Reserved. Religion’s Role in Custody: In the Name of Faith Quiner v. Quiner The Issue of Sexual Orientation in Custody Disputes Nadler v. The Superior Court of the State of California, In and for the County of Sacramento Chapter 9 Child Custody

12. © 2006 Thomson Delmar Learning. All Right Reserved. Role of the Stepparent In Custody Disputes In Loco Parentis Doctrine Courts Create Responsibility for Stepparents Equitable estoppel Implied contract Defacto parent Chapter 9 Child Custody

13. © 2006 Thomson Delmar Learning. All Right Reserved. Stepping up to Responsibility Stepparent rights – Psychological Parent Doctrine Parental Rights Doctrine: Biological Connection Verses Stepparent In Re the Marriage of Andrew W. Simmons v. JoEllen C. Simmons Joint Custody Awarded to Stepparent Stamps v. Rawlins Chapter 9 Child Custody

14. © 2006 Thomson Delmar Learning. All Right Reserved. Grandparents Role in Custody and Visitation Bowers v. Matula Dolman v. Dolman Troxel v. Granville The Baxters: A Family Struggles to Determine the Best Interests of Their Children Asking Your Client the Right Questions Review the sample interview questions (Exhibit 9.2) Chapter 9 Child Custody

15. © 2006 Thomson Delmar Learning. All Right Reserved. Depositions Follow Interrogatories Deposition Preparing for a Custody Trial Advocating for the Children: The Guardian Ad Litem’s Role Role of a Guardian Ad Litem (GAL) Chapter 9 Child Custody

16. © 2006 Thomson Delmar Learning. All Right Reserved. The Psychological Expert’s Role Defining the expert’s role Confidentiality waiver Shapiro v. Shapiro Baxters Declare Truce Review the proposed custody and visitation clauses (Exhibit 9.3) Living with the Final Custody Order Motion for modification Chapter 9 Child Custody

17. © 2006 Thomson Delmar Learning. All Right Reserved. Requesting a Modification in Custody: One Court Slow to Change Palmore v. Sidoti Effect of Sexual Orientation’s on Custody Modification M.J.P. v. J.G.P. The Child’s Role in Modification: The Smallest Voice Heard Goldstein v. Goldstein Chapter 9 Child Custody

18. © 2006 Thomson Delmar Learning. All Right Reserved. Enforcement of Custody and Visitation Orders Visitation Dispute Lands Mom in Jail Ignoring a Custody Order: Facing the Fear of Parental Kidnapping Parental Kidnapping Prevention Act Barndt v. Barndt Chapter 9 Child Custody

19. © 2006 Thomson Delmar Learning. All Right Reserved. Dealing with International Parental Kidnapping Applying the Hague Convention The Hague Convention on the Civil Aspects of the International Child Abduction In the matter of David S. v. Zamira S. Chapter 9 Child Custody

20. © 2006 Thomson Delmar Learning. All Right Reserved. New Questions in Custody Keeping up with the 21 st Century – Assisted reproductive technology – Surrogacy – In vitro fertilization – Artificial insemination How Does the Law Keep Up with Science? Direct certification Uniform Status of Children of Assisted Conception Act (USCACA) In the Matter of Baby M Chapter 9 Child Custody

21. © 2006 Thomson Delmar Learning. All Right Reserved. Genetic verses Gestational Mothers: Defining Parental Rights in the New Millennium McDonald v. McDonald Birth Mother Seeks Custody Surrogate gestational mother Genetic parents Johnson v. Calvert Chapter 9 Child Custody

22. © 2006 Thomson Delmar Learning. All Right Reserved. Assisted Reproductive Technology and the Law Disposition of stored embryos What Do We Do with the Pre-Zygotes? Kass v. Kass Who Gets the Embryo? Cryogenic preservation Davis v. Davis Chapter 9 Child Custody

23. © 2006 Thomson Delmar Learning. All Right Reserved. Procreation Postmortem: Gone, But Not Forgotten Cryobank Vel non, executrix, and contra bones mores Hecht v. Superior Court of the County of Los Angeles Hall v. Fertility Institute of New Orleans Is Artificial Insemination Natural? C.M. v. C.C. Chapter 9 Child Custody

24. © 2006 Thomson Delmar Learning. All Right Reserved. Ethics Alert: Stroke of luck or ethical problem? Chapter 9 Child Custody