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Question 1
When awarding custody, which IS NOT a factor courts look at?
Correct
Incorrect!
Correct
Incorrect!
Correct Historically, courts felt compelled to award custody of the children to the mother, especially if the child was under a certain age. Today, courts look at all the facts and circumstances surrounding the custody decision rather than automatically awarding custody to the mother.
Incorrect! Historically, courts felt compelled to award custody of the children to the mother, especially if the child was under a certain age. Today, courts look at all the facts and circumstances surrounding the custody decision rather than automatically awarding custody to the mother.
Correct
Incorrect!
Question 2
Charles and Samantha are in the middle of a divorce. They have one son, Arthur (age 3). During the marriage Charles was a stay-at-home dad while Samantha traveled frequently for her job as a buyer for a major department store. Their marriage broke up because Charles confessed that he was gay and wanted to live with his boyfriend instead of her. Charles is not fit to be awarded custody of Arthur.
Correct
Incorrect!
Correct Historically, mothers were awarded custody of minor children still in their 'tender years.' That automatic preference has been pretty much abolished. In addition, a parent's sexual orientation only plays a part in the custody decision if it has a negative impact on the child. Here, although Arthur is only 3, Samantha is not presumptively the best choice for custody. Furthermore, Charles's cohabitation with a boyfriend should not be an absolute bar to custody. Rather, a court would evaluate all the facts before making a decision.
Incorrect! Historically, mothers were awarded custody of minor children still in their 'tender years.' That automatic preference has been pretty much abolished. In addition, a parent's sexual orientation only plays a part in the custody decision if it has a negative impact on the child. Here, although Arthur is only 3, Samantha is not presumptively the best choice for custody. Furthermore, Charles's cohabitation with a boyfriend should not be an absolute bar to custody. Rather, a court would evaluate all the facts before making a decision.
Question 3
Deborah and Adam were divorced five years ago. Adam was awarded primary custody of their twin sons, Craig and Cassidy, who are now six years old, because Deborah wanted to be able to finish her college studies. Now that she has graduated, she wants custody of the boys. What will result?
Correct
Incorrect!
Correct
Incorrect!
Correct The general rule is a parent must show a substantial change in circumstances before a custody decree will be modified. Here, the judge would evaluate all the facts surrounding Deborah's request before determining whether a change in custody is warranted.
Incorrect! The general rule is a parent must show a substantial change in circumstances before a custody decree will be modified. Here, the judge would evaluate all the facts surrounding Deborah's request before determining whether a change in custody is warranted.
Correct
Incorrect!
Question 4
Dan has been in foster care for nine months. His foster parents would like to adopt him. Accordingly, they are in court contesting custody with two biological parties. His biological father is deceased; his biological mother was recently released from rehab. She has been sober for six months and would like to regain custody of Dan. His paternal grandmother would also like custody of Dan. Who is entitled to have custody of Dan?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Nearly all courts recognize that a parent has some sort of inherent right to custody of her child". In those instances, the 'best interests of the child standard does not apply. Here, Dan's mother has overcome her alcoholism and is ready to regain custody of Dan. Given a parent's inherent right to custody, the court would likely award custody to Dan's mother.
Incorrect! Nearly all courts recognize that a parent has some sort of inherent right to custody of her child". In those instances, the 'best interests of the child standard does not apply. Here, Dan's mother has overcome her alcoholism and is ready to regain custody of Dan. Given a parent's inherent right to custody, the court would likely award custody to Dan's mother.
Question 5
Ed and Erma were recently divorced. The court granted them joint custody, dividing the physical custody between them. Erma argues that she has sole legal custody because the child resides primarily with her. Accordingly, she has the final say in things pertaining to their child. Ed says that he has just as much a say in the decision-making as she does. If they return to court to settle the matter, what would be the likely outcome?
Correct Joint custody means each parent has a say in the decisions affecting the child. As such, Ed has a right to his opinion in the decision-making.
Incorrect! Joint custody means each parent has a say in the decisions affecting the child. As such, Ed has a right to his opinion in the decision-making.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 6
Lisa and Kurt were divorced two years ago. The court awarded them joint custody. Since they both are entitled to take an active role in the decision-making for the children, they both decided which private schools the kids should attend. In addition, they had to compromise on the children's religious upbringing because Lisa is Jewish and Kurt is Catholic. This is an example of:
Correct
Incorrect!
Correct In 'joint legal custody,' both parents have an equal say in the important matters regarding the children's upbringing. Here, since both Lisa and Kurt share in the decision-making, this is an example of joint legal custody.
Incorrect! In 'joint legal custody,' both parents have an equal say in the important matters regarding the children's upbringing. Here, since both Lisa and Kurt share in the decision-making, this is an example of joint legal custody.
Correct
Incorrect!
Correct
Incorrect!
Question 7
Olivia is an attorney in a small suburban town. Jeanne, who is originally from New York City, is Olivia's opposing counsel in a custody case. The only matter remaining to be litigated is the custody of Baker (age 5). Olivia represents Baker's grandmother and Jeanne represents Baker's mother. Four years ago Baker's mother was convicted of a felony and spent six months in jail (she was released early for good behavior). As part of her probation, she had to spend two years in a halfway house and take a parenting class. She has fulfilled all her obligations and feels she should be able to regain custody of her son. Who should get custody of Baker?
Correct
Incorrect!
Correct If Jeanne can show Baker's mother has made a complete change from her pre-incarceration lifestyle and that it would be in the best interest of Baker to be with his mother, the court will grant her custody. A child's natural parents are preferred over other parties when determining custody.
Incorrect! If Jeanne can show Baker's mother has made a complete change from her pre-incarceration lifestyle and that it would be in the best interest of Baker to be with his mother, the court will grant her custody. A child's natural parents are preferred over other parties when determining custody.
Correct
Incorrect!
Correct
Incorrect!
Question 8
Cleo and Anthony were recently divorced. They have one child, Cynthia. Cleo was granted primary custody. Cleo is afraid that Anthony will snatch Cynthia away from her and take her to another state in an attempt to thwart her custody award. What is the best way for Cleo to protect herself?
Correct There are various statutes that deter parents from using the self-help remedy of kidnapping the child after an unfavorable custody determination. For example, the PKPA is a federal statute that regulates how states will carry out their federal constitutional duty to afford full faith and credit to the custody determinations of other states. Since a jurisdiction has already issued a final custody order, if Anthony wants to change its mandate he would have to seek modification of the order. In this circumstance, a uniform law such as UCCJEA would direct the second court to enforce the first order.
Incorrect! There are various statutes that deter parents from using the self-help remedy of kidnapping the child after an unfavorable custody determination. For example, the PKPA is a federal statute that regulates how states will carry out their federal constitutional duty to afford full faith and credit to the custody determinations of other states. Since a jurisdiction has already issued a final custody order, if Anthony wants to change its mandate he would have to seek modification of the order. In this circumstance, a uniform law such as UCCJEA would direct the second court to enforce the first order.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 9
Chris and Amy are divorced. Amy has moved to Colorado with her daughter, Melissa, and has lived there for seven months. Chris still lives in New York, where the parties' divorce judgment and child support orders were executed. Chris is behind in his child support payments. Where would Amy file for enforcement of the child support obligation?
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Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Where the two parents live in different states, the custodial parent's burden of collecting support was made easier by two uniform statutes: URESA and RURESA. URESA permits an action for child support to be initiated in the state where the child resides, but tried in the jurisdiction where the obligor lived. Here, Amy can file in Colorado, where she currently lives. The action would be heard in New York where Chris lives.
Incorrect! Where the two parents live in different states, the custodial parent's burden of collecting support was made easier by two uniform statutes: URESA and RURESA. URESA permits an action for child support to be initiated in the state where the child resides, but tried in the jurisdiction where the obligor lived. Here, Amy can file in Colorado, where she currently lives. The action would be heard in New York where Chris lives.