Family Law Flashcards

Under the UCCJEA as adopted in Indiana, which state has jurisdiction to make an initial child custody determination?

Answer: The child's home state, where the child lived with a parent for at least six consecutive months before the proceeding

The UCCJEA gives priority to the child's home state, defined by six consecutive months of residence immediately before commencement, with temporary absences counted.

An Indiana court issued the original custody decree, but the child and both parents now live in Illinois. Which court may modify the decree?

Answer: Illinois, because Indiana lost exclusive continuing jurisdiction once the child and both parents left

Exclusive continuing jurisdiction ends when the child and both parents no longer reside in the issuing state, allowing the new home state to modify.

To modify a child custody order in Indiana, the petitioning parent must show what?

Answer: Modification is in the child's best interests and there has been a substantial change in one or more statutory best-interests factors

IC 31-17-2-21 requires both that modification serve the child's best interests and that a substantial change occurred in at least one factor listed in IC 31-17-2-8.

An Indiana court may deny a noncustodial parent parenting time only upon finding what?

Answer: That parenting time might endanger the child's physical health or significantly impair the child's emotional development

IC 31-17-4-1 entitles a noncustodial parent to reasonable parenting time unless the court finds it might endanger the child's physical health or significantly impair emotional development.

In Indiana, third parties such as stepparents seeking custody against a natural parent must overcome what presumption?

Answer: A rebuttable presumption that custody with the natural parent is in the child's best interests, overcome only by clear and convincing evidence

Indiana requires a third party to rebut the natural-parent presumption by clear and convincing evidence of unfitness, long acquiescence, or voluntary relinquishment.

Which statement about de facto custodians under Indiana law is accurate?

Answer: A person who has been the child's primary caregiver and financial supporter for the statutory period may be joined and considered in a custody proceeding

Indiana recognizes de facto custodians who have been the child's primary caregiver and support for at least six months (child under 3) or one year (child 3 or older), giving them standing and additional best-interests factors.

In an Indiana proceeding to terminate parental rights involuntarily, the state must prove the statutory elements by what standard?

Answer: Clear and convincing evidence

Consistent with Santosky v. Kramer, Indiana requires clear and convincing evidence to terminate the parent-child relationship.