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Question 1
Jenny has custody of her child Ralph. Her ex-husband, Fred, was awarded liberal visitation. Six months after the original order was issued, Fred starts a new job where he must put in long hours on the weekend, interfering with his visitation schedule. He would like to change the visitation schedule. Jenny says if Fred cannot maintain the visitation schedule that is his problem because her lawyer told her that once a visitation order has been entered, it could not be modified for two years. As Fred's lawyer, how do you help him?
Correct
Incorrect!
Correct As with other areas of family law, modification is generally considered where there has been a substantial change in circumstances to justify the proposed change. Here, as a first step the parties should try to renegotiate the visitation arrangement before going back to court.
Incorrect! As with other areas of family law, modification is generally considered where there has been a substantial change in circumstances to justify the proposed change. Here, as a first step the parties should try to renegotiate the visitation arrangement before going back to court.
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Incorrect!
Correct
Incorrect!
Question 2
Swan is four-years-old. Whenever she visits her father, she throws a temper tantrum, screaming uncontrollably. Afterward she becomes withdrawn and does not talk to her mother. Extremely distraught, Swan's mother Ana wonders what she can do.
Correct The general rule regarding children's issues is determining what is in the child's best interests. Here, since Swan has such a visceral reaction to visiting her father, her mother should further investigate the situation to determine the cause of Swan's negative behavior. Depending on the outcome of this investigation, the courts might have to modify or restrict the visitation, if it is endangering Swan's physical, mental or emotional health.
Incorrect! The general rule regarding children's issues is determining what is in the child's best interests. Here, since Swan has such a visceral reaction to visiting her father, her mother should further investigate the situation to determine the cause of Swan's negative behavior. Depending on the outcome of this investigation, the courts might have to modify or restrict the visitation, if it is endangering Swan's physical, mental or emotional health.
Correct
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Question 3
Naomi, Alfred's grandmother wishes to have the court enforce visitation rights with him. Alfred's parents are married and do not wish Alfred to interact with her. Naomi is entitled to visitation.
Correct
Incorrect!
Correct In some instances, grandparents are entitled to some type of visitation rights. Most of these statutes apply only where the child's parents have been or are in the process of being divorced or separated. Here, Alfred's parents are still married. As such, it would be inappropriate for the court to intervene to award Naomi visitation rights.
Incorrect! In some instances, grandparents are entitled to some type of visitation rights. Most of these statutes apply only where the child's parents have been or are in the process of being divorced or separated. Here, Alfred's parents are still married. As such, it would be inappropriate for the court to intervene to award Naomi visitation rights.
Question 4
Tamara wants visitation rights with her granddaughter Erica. Erica's parents got divorced four years ago and Erica's mother has sole custody. Tamara had no problem visiting Erica when she was with her father (Tamara's son). Recently, Erica's father died and Tamara feels the need for a court order to be able to continue visitation with her granddaughter. What will result?
Correct In some instances, grandparents are entitled to some type of visitation rights. Most of these statutes apply only where the child's parents have been or are in the process of being divorced or separated. Here, since Tamara had developed a bond with Erica and no longer has a tie to her via her son, the court may grant her visitation rights, after considering all the facts.
Incorrect! In some instances, grandparents are entitled to some type of visitation rights. Most of these statutes apply only where the child's parents have been or are in the process of being divorced or separated. Here, since Tamara had developed a bond with Erica and no longer has a tie to her via her son, the court may grant her visitation rights, after considering all the facts.
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Incorrect!
Question 5
Mary and Carter have joint custody of their son, Benny. After Mary was caught one day getting high in front of her son, she was ordered into rehab and Carter got sole custody (on a temporary basis). Carter does not want Benny to have visits with Mary because he believes she is still unstable. What will result?
Correct
Incorrect!
Correct
Incorrect!
Correct Generally, parents have a right to either custody, or at the very least visitation with their children, provided they are fit parents. Here, the court likely would allow supervised visitation in the beginning. If it is later convinced that Mary has kicked her addiction, it may allow her to share custody again.
Incorrect! Generally, parents have a right to either custody, or at the very least visitation with their children, provided they are fit parents. Here, the court likely would allow supervised visitation in the beginning. If it is later convinced that Mary has kicked her addiction, it may allow her to share custody again.
Correct
Incorrect!
Question 6
Mark, the custodial parent of Kyle, stops Kyle's mother from having visits with their son. What is Kyle's mother's best remedy?
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Incorrect!
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Incorrect!
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Incorrect!
Correct Generally, one's refusal to follow a court order can lead to civil contempt charges, including a jail sentence until the order is complied with. Here, Kyle's mother should seek judicial intervention to compel Mark to follow the court ordered visitation.
Incorrect! Generally, one's refusal to follow a court order can lead to civil contempt charges, including a jail sentence until the order is complied with. Here, Kyle's mother should seek judicial intervention to compel Mark to follow the court ordered visitation.