NALA ACP - Family Law study materials
NALA ACP - Family Law study resources

NALA ACP - Family Law: Child Custody, Visitation, and Parenting Plans

NALA ACP - Family Law · Work through your exam, one topic at a time.

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Child Custody, Visitation, and Parenting Plans

Jurisdiction and standards

The UCCJEA governs custody jurisdiction. The child's home state-where the child lived for at least six months before filing-has priority. A court with a valid initial order keeps exclusive continuing jurisdiction until neither the child nor a contestant remains in the state. Emergency jurisdiction addresses imminent harm. The PKPA reinforces home-state priority. On the merits, courts apply the best-interests standard, weighing stability, each parent's caregiving, the child's needs, domestic violence, substance abuse, and sometimes the child's preference.

Plans and modification

Parenting plans should specify legal and physical custody, a detailed timesharing schedule, holidays, exchanges, communication, travel, right of first refusal, and dispute resolution. Relocation usually requires notice and leave of court. Modification requires a substantial change in circumstances and a new best-interests finding. Enforcement is by contempt, makeup parenting time, or modification.

Worked example

Mother moves the child out of state without notice; father files an emergency motion. The home state may order the child's return if it still has exclusive continuing jurisdiction and no emergency justifies removal. The paralegal should gather school, medical, and residence records.

Traps

Confusing legal and physical custody; ignoring a prior UCCJEA order; failing to include a parenting plan; overlooking domestic violence; treating a child's preference as controlling.