Also known as: child custody proceeding · custody proceedings · child custody cases
Written by attorneys · grounded in primary & secondary sources — see below
Legal actions in which a court determines the custody, visitation, and care arrangements for a minor child. These proceedings require notice and an opportunity to be heard for all parents whose rights remain intact and any person with physical custody of the child before an initial determination issues.
Darren leaves his son with girlfriend Keisha in State X while driving cross-country routes. Monica files in State Y and obtains sole custody after a hearing attended only by her. The State Y order cannot stand because Darren and Keisha never received notice or a chance to appear.
Christine files a federal diversity suit against her ex-husband seeking damages for alleged interference with her custody rights. The district court dismisses the action, leaving the custody questions to the state family court that already has an ongoing proceeding.
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Corinne loses parental rights after a state court terminates her custody. Unable to pay transcript fees, she seeks waiver to appeal. The state must provide the record without cost because the stakes involve permanent loss of her child.
Charles's parents petition for visitation after his death. The mother objects and the court refuses to order visits without first giving special weight to her wishes as the fit surviving parent.
Carlos lived with his children and their mother for years and contributed support. After the mother marries another man, a statute blocks Carlos from blocking an adoption. The law violates equal protection because it treats unwed fathers differently from similarly situated mothers.
Cameron faces a state petition to terminate her parental rights. The court denies appointed counsel because the case is not complex. On review the denial stands because due process does not require counsel in every parental termination proceeding.
Notice and an opportunity to be heard must be given to every parent whose rights have not been terminated and to any person who has physical custody of the child.
Supporting sources
No. The uniform act expressly states that it does not govern the enforceability of a determination made without notice or an opportunity to be heard.
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Federal courts generally abstain from core domestic-relations matters such as custody determinations even when diversity jurisdiction exists.
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…which provides: “Any person may petition the court for visitation rights at any time including, but not limited to, custody proceedings. The court may order visitation rights for any person when visitation may serve the best interest of the child whether or not there has been any change of circumstances.” The Superior…