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Custody, Guardianship, Adoption
26 cards·by davidara28
Custody
legal authority of a parent to make major decisions
Sole Custody
1 parent makes all decisions w/o consulting other parent
Joint Custody
parents share decision making. Must consult and agree. If not court decides.
Joint Custody w/ Final Decision Making Authority
1 parent has ultimate decision making authority after consulting other parent.
Placement/Residence
Where the child resides the majority of the time by number of overnights
Primary Placement
One parent has majority of nights
Shared Placement
50/50 or close to, number of nights
Visitation
If one parent has primary placement, other has visitation
Contact
Any time spent w/ parent, regardless of placement
Who can file for custody in DE?
Parents or DFS
Visitation Guidelines
FC sets visitation schedule, consistent with child's best interests. Must be frequent and
meaningful contact.
Custody Modification
Anytime by agreement
Visitation Modification
Anytime in child's best interest
UCCJEA
Uniform Child Custody Jurisdiction and Enforcement Act: Home state (where child has lived
for last 6 months) has exclusive jurisdiction
PKPA
Parental Kidnapping Prevention Act: Parent must file in child's home state.
Rebuttable Presumption
Perpetrator of domestic violence/sex offender cannot have primary placement/join, sole
custody. (Certain Dom. Violence and tier 1,2 sex offe
Parental Rights
Fit parents have a consitutional right to parent children w/in bounds of the law.
3rd Party Visitation
GP, Aunt/Uncle, Adult Sibling, Prior relationship can file. Not be unreasonable, interfere
with p/c relationship
Guardianship
Care of children other than bio-parents or state. Consent or order(unfit, child abused,
child's best interest)
Dependent
Parents cannot care for a child
Neglected
Parents could, but do not care for child
Abused
Child would likely suffer physical/emotional abuse in parents home
Permanent Gaurdianship
in place til child is 18. Must Prove 1)Basis to terminate rights. 2) New guardian
stable,healthy.3)Adoption not possible.4)In best interes
Termination of Parental Rights
TPR. Complete sever relationship b/t parent/child. Both parents at once. Req. Proof:
Grounds exist to term. Termination in best interest
Grounds for TPR
abandonment, life threatening abuse, Torture/Sexual Abuse
Adoption
Become legal parent of child not bio-parent of. Requires petition, home study, and hearing.