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Child Custody Part III

Child Custody Part III. March 16, 2004. 3-16-04. Review. BEST INTERESTS FACTORS THAT RAISE CONSTITUTIONAL ISSUES: GENDER/RACE: Consideration as Sole Factor Violates Equal Protection

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Child Custody Part III

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  1. Child CustodyPart III March 16, 2004

  2. 3-16-04 Review 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

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