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1For purposes of a child-custody determination, what is legal custody of a child?
For purposes of a child-custody determination, what is legal custody of a child?2For purposes of a child-custody determination, what is physical custody of a child?
For purposes of a child-custody determination, what is physical custody of a child?3For purposes of a child-custody determination, what is sole custody?
For purposes of a child-custody determination, what is sole custody?4For purposes of a child-custody determination, what is joint custody?
For purposes of a child-custody determination, what is joint custody?5If divorcing spouses have children, will the court issuing the divorce decree also decide custody of the children?
If divorcing spouses have children, will the court issuing the divorce decree also decide custody of the children?6Does a child-custody determination encompass both legal custody and physical custody of the child?
Does a child-custody determination encompass both legal custody and physical custody of the child?7What is the tender-years presumption?
What is the tender-years presumption?8What is the standard currently used for determining child custody?
What is the standard currently used for determining child custody?9In determining the best interests of the child for purposes of making a custody determination, may a court consider the emotional bonds between the...
In determining the best interests of the child for purposes of making a custody determination, may a court consider the emotional bonds between the child and the parties seeking custody?10Is any one factor determinative in the analysis of whether a custody arrangement is in the best interests of the child?
Is any one factor determinative in the analysis of whether a custody arrangement is in the best interests of the child?11May courts use the race of the child, parent, or parent’s romantic partner as the standard for making custody determinations?
May courts use the race of the child, parent, or parent’s romantic partner as the standard for making custody determinations?12May courts discriminate against a parent in a same-sex relationship by using the relationship as the deciding factor to take away that parent’s cus...
May courts discriminate against a parent in a same-sex relationship by using the relationship as the deciding factor to take away that parent’s custodial rights?13May courts refuse to grant primary custody to a child’s mother on the sole basis of the mother’s lifestyle choices if there is no evidence that the...
May courts refuse to grant primary custody to a child’s mother on the sole basis of the mother’s lifestyle choices if there is no evidence that the mother’s choices have adversely impacted the child?14A mother and father were the divorcing parents of one child. Both were fit parents. The mother and father had previously agreed that the mother wou...
A mother and father were the divorcing parents of one child. Both were fit parents. The mother and father had previously agreed that the mother would have primary physical custody of the child. The father discovered that the mother planned to move in with her new girlfriend and bring the child. The father was opposed to same-sex relationships and did not want the child to live with the mother and her girlfriend. The mother’s new home was very close to the child’s school, while the father’s new home was 20 miles away. The child had a close relationship with the mother’s girlfriend and stated that she wished to live with the mother and the girlfriend. The state follows the UMDA. The father asked the court to grant him primary custody of the child because of his opposition to the mother’s new relationship.Will the father prevail in gaining primary custody of the child over the mother?15A mother and father separated soon after the birth of their son. The mother was a pilot, and the father was a cashier. The mother earned three time...
A mother and father separated soon after the birth of their son. The mother was a pilot, and the father was a cashier. The mother earned three times more than the father and had good child care for their son during her work hours. The mother was a fit parent. The father’s job was shift work, and he had no child-care plan. The mother took the son to her new home close to her pilot job upon leaving the father. At their custody hearing, the father asked the court to grant him primary custody, because the mother had prioritized her career over her child. Will the father prevail?16In the context of child-custody determinations, what are visitation rights?
In the context of child-custody determinations, what are visitation rights?17In general, is a noncustodial parent entitled to visitation with the child?
In general, is a noncustodial parent entitled to visitation with the child?18May a court compel a child’s noncustodial parent to visit the child?
May a court compel a child’s noncustodial parent to visit the child?19What is supervised visitation?
What is supervised visitation?20If a court believes that a parent might harm or endanger the child during visitation, may the court grant supervised visitation?
If a court believes that a parent might harm or endanger the child during visitation, may the court grant supervised visitation?21May courts deny visitation based on proven domestic violence by the requesting parent?
May courts deny visitation based on proven domestic violence by the requesting parent?22A mother and father were the parents of a two-year-old child. The mother was physically abusive to the father in the presence of the child. The cou...
A mother and father were the parents of a two-year-old child. The mother was physically abusive to the father in the presence of the child. The court granted the father’s petition for sole physical custody with only supervised visitation to the mother, due to the mother’s domestic violence against the father. The mother appealed, arguing that domestic violence was not proper grounds for a denial of custody and an award of only supervised visitation. Will the mother prevail on appeal?23May a parent’s visitation be suspended if a court finds that visitation would seriously endanger the child’s physical, mental, or emotional health?
May a parent’s visitation be suspended if a court finds that visitation would seriously endanger the child’s physical, mental, or emotional health?24A mother and father were the parents of a 14-year-old child. They lived in a state that followed the UMDA. The mother had primary custody of the ch...
A mother and father were the parents of a 14-year-old child. They lived in a state that followed the UMDA. The mother had primary custody of the child, and the father had routine periods of visitation with the child. After the child revealed to the mother that the father was severely mentally abusive to her, the mother petitioned to have the father’s visitation suspended. At the hearing, the child testified about the father’s mental abuse. The child’s counselor testified of the child’s telling her that the father’s mental abuse made her severely depressed, anxious, and even suicidal. The father did not testify. May the court properly suspend the father’s visitation under these facts?25Does a denial of child visitation to a parent mean that the parent no longer has to pay child support?
Does a denial of child visitation to a parent mean that the parent no longer has to pay child support?26May a third party who has a relationship with a child seek visitation with the child?
May a third party who has a relationship with a child seek visitation with the child?27Will a court assume that a fit parent is acting in her child’s best interests, even if the parent decides not to allow a third party to visit the c...
Will a court assume that a fit parent is acting in her child’s best interests, even if the parent decides not to allow a third party to visit the child?28Is it impermissible for a state to allow any person at any time to petition for visitation with a child without deference to the wishes of the chil...
Is it impermissible for a state to allow any person at any time to petition for visitation with a child without deference to the wishes of the child’s parents?29If parents share joint legal custody of a child, do both parents have the right to make decisions for the child’s important needs?
If parents share joint legal custody of a child, do both parents have the right to make decisions for the child’s important needs?30If a court grants parents joint physical custody of a child, does this mean that each parent has physical custody of the child for an equal amount ...
If a court grants parents joint physical custody of a child, does this mean that each parent has physical custody of the child for an equal amount of time?31What is the difference between joint legal custody and joint physical custody?
What is the difference between joint legal custody and joint physical custody?32If a court awards parents joint legal custody of a child, must the court also award parents joint physical custody of the child?
If a court awards parents joint legal custody of a child, must the court also award parents joint physical custody of the child?33A mother and father were the parents of two children. The mother and father were getting a divorce. The father petitioned the court for joint custo...
A mother and father were the parents of two children. The mother and father were getting a divorce. The father petitioned the court for joint custody of the children. The mother responded by objecting to joint physical custody but agreeing to joint legal custody. The father argued that the court must grant joint custody for both legal and physical rights, or not at all. The mother argued that the court could grant joint legal custody but still award primary physical custody to her. Is the mother correct?34What is a presumption in favor of joint custody?
What is a presumption in favor of joint custody?35In some states that have a presumption in favor of joint custody, does the presumption of joint custody apply if the parents cannot agree on a cust...
In some states that have a presumption in favor of joint custody, does the presumption of joint custody apply if the parents cannot agree on a custodial arrangement?36A mother and father were the parents of one child, who was one year old when the parents separated. The parties alternated custodial weeks. The mot...
A mother and father were the parents of one child, who was one year old when the parents separated. The parties alternated custodial weeks. The mother and father used the same babysitter and made joint decisions about the child amicably. At the custody trial, the mother received sole legal custody. The father appealed, claiming that joint legal custody was in the child’s best interest. Will the father prevail?37A mother and father were divorced and had two minor children. The mother asked the father to agree to her having primary custody of the children, w...
A mother and father were divorced and had two minor children. The mother asked the father to agree to her having primary custody of the children, with the father’s having custody on weekends. The state in which the parties lived had adopted the UMDA. The father argued that he could go to court and gain joint custody automatically, which would give him equal time with the children. Is the father correct?38Are child-custody decisions generally enforceable as court orders?
Are child-custody decisions generally enforceable as court orders?39If a parent does not comply with a child-custody order, may a court order that parent to attend parenting classes, counseling, or mediation?
If a parent does not comply with a child-custody order, may a court order that parent to attend parenting classes, counseling, or mediation?40In general, does a court in one state have a duty to enforce a child-custody determination made by a court in another state?
In general, does a court in one state have a duty to enforce a child-custody determination made by a court in another state?41How can a child-custody order from one state be enforced in another state?
How can a child-custody order from one state be enforced in another state?42Under the UCCJEA, what must a court do if it is petitioned for enforcement of a child-custody order, but a court in another state has already been ...
Under the UCCJEA, what must a court do if it is petitioned for enforcement of a child-custody order, but a court in another state has already been petitioned to modify the order?43A mother and father were the parents of one child, and they all resided in State A. The father had primary custody of the child, and the mother had...
A mother and father were the parents of one child, and they all resided in State A. The father had primary custody of the child, and the mother had weekend visitation under the terms of a State A court order. The father moved to State B with the child. During the mother’s next weekend visit with the child, the mother told the father that she would not bring the child back to the father after the weekend. State A and State B adopted the UCCJEA. Can the father petition State B to enforce the terms of the State A child-custody order?44If one parent takes a child outside the United States in violation of a custody order, how can the other parent enforce the court order giving the ...
If one parent takes a child outside the United States in violation of a custody order, how can the other parent enforce the court order giving the other parent custody of the child?45Under what circumstances may a parent with a child-custody order from a foreign country get that order enforced by a state court in the United States?
Under what circumstances may a parent with a child-custody order from a foreign country get that order enforced by a state court in the United States?46A husband and wife were the divorced parents of a child who moved to a U.S. state from a foreign country. The U.S. state had adopted the UCCJEA, an...
A husband and wife were the divorced parents of a child who moved to a U.S. state from a foreign country. The U.S. state had adopted the UCCJEA, and the foreign country had adopted the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention). A custody order granted by the foreign country gave the husband primary custody of the child and weekend visitation to the wife. During one of the wife’s weekends, she travelled back to the foreign country with the child and did not return the child to the husband at the end of the weekend. The wife told the husband that she and the child were staying in the foreign country. Will the husband succeed if he asks the U.S. state to enforce the custody order granted by the foreign country to return the child to his custody?47For purposes of making an initial child-custody determination, what is the definition of a child’s home state?
For purposes of making an initial child-custody determination, what is the definition of a child’s home state?48May a state exercise jurisdiction to make an initial child-custody determination even if the child is not present in that state at the time?
May a state exercise jurisdiction to make an initial child-custody determination even if the child is not present in that state at the time?49If separated or divorced parents live in different states, which state has jurisdiction to determine custody of their child?
If separated or divorced parents live in different states, which state has jurisdiction to determine custody of their child?50A mother and father, never married, were the parents of one child. The three lived in State A. When the child was six years old, the father and chi...
A mother and father, never married, were the parents of one child. The three lived in State A. When the child was six years old, the father and child moved to State B. The mother and father never had a court order for child custody and had always handled their custody of the child by verbal agreement. For the past year, the child had spent one weekend per month with the mother in State A while living in State B with the father. State A and State B adopted the UCCJEA. May the mother now petition the State A court for custody of the child?51A mother and father were the parents of a three-year-old child and had always lived in State A. The mother and father were divorcing and had verbal...
A mother and father were the parents of a three-year-old child and had always lived in State A. The mother and father were divorcing and had verbally agreed to share custody of the child on an alternating monthly basis. The mother and father had no custody order. The father moved to State B, where the child had never previously been. The mother agreed to continue sending the child with the father during alternating months. When the child had been with the father for one month, the mother agreed to let the child stay for the next month. The father petitioned the State B court to determine custody of the child. The mother objected, arguing that State B did not have jurisdiction to determine custody of the child and that State A had jurisdiction. State A and State B both adopted the UCCJEA.Will the mother succeed in dismissing the case from State B court and transferring it to State A?52Which state is considered to be a child’s home state if the child is less than six-months old, and the parents cannot agree on which state is the c...
Which state is considered to be a child’s home state if the child is less than six-months old, and the parents cannot agree on which state is the child’s home state for purposes of jurisdiction to make an initial child-custody determination?53May a state court determine custody of a child even if the state does not have personal jurisdiction over the respondent parent?
May a state court determine custody of a child even if the state does not have personal jurisdiction over the respondent parent?54For purposes of making an initial child-custody determination, what is significant-connection jurisdiction?
For purposes of making an initial child-custody determination, what is significant-connection jurisdiction?55May a court exercise jurisdiction over a custody determination if a child is present in the state and has been abandoned, or if the child has been ...
May a court exercise jurisdiction over a custody determination if a child is present in the state and has been abandoned, or if the child has been abused or threatened with abuse, even if the court is not in the child’s home state?56May a court with jurisdiction to make a child-custody determination decline to exercise its jurisdiction if it determines that a court in another s...
May a court with jurisdiction to make a child-custody determination decline to exercise its jurisdiction if it determines that a court in another state would be a more appropriate forum for the action?57If a court has jurisdiction to make a child-custody determination only because of unjustifiable conduct by one of the parties, must the court decli...
If a court has jurisdiction to make a child-custody determination only because of unjustifiable conduct by one of the parties, must the court decline to exercise jurisdiction?58In child-custody cases, may courts consider a child’s preferences about how she wants to divide her times between her parents’ homes?
In child-custody cases, may courts consider a child’s preferences about how she wants to divide her times between her parents’ homes?59Must a court making a child-custody determination elicit testimony from the child in open court about the child’s preferences?
Must a court making a child-custody determination elicit testimony from the child in open court about the child’s preferences?60Do most states authorize a judge to speak privately with a child to determine the child’s custody and visitation preferences?
Do most states authorize a judge to speak privately with a child to determine the child’s custody and visitation preferences?61A mother and father were the parents of two children. The mother and father had a hearing for the determination of custody of the children. The sta...
A mother and father were the parents of two children. The mother and father had a hearing for the determination of custody of the children. The state had adopted the UMDA. At the hearing, the mother attempted to call the children as witnesses. The judge interviewed the children in her chambers instead.Was the judge’s interview of the children in her chambers permissible?62What is a guardian ad litem?
What is a guardian ad litem?63May a guardian ad litem assist in determining a child’s preferences and expressing those preferences to the court?
May a guardian ad litem assist in determining a child’s preferences and expressing those preferences to the court?64In making a child-custody determination, may a court use an expert to assess the child’s preferences?
In making a child-custody determination, may a court use an expert to assess the child’s preferences?65Is a court generally bound by a child’s custody preference in making a child-custody determination?
Is a court generally bound by a child’s custody preference in making a child-custody determination?66Is there a specific age requirement in every state for when a child can unilaterally decide which parent receives custody of the child?
Is there a specific age requirement in every state for when a child can unilaterally decide which parent receives custody of the child?67A mother and father were the divorced parents of a 14-year-old child. The mother and father shared custodial time with the child equally. The fathe...
A mother and father were the divorced parents of a 14-year-old child. The mother and father shared custodial time with the child equally. The father told the mother that the child wanted to change to a schedule in which the father would be the child’s primary parent and the child would live with the father every night of the week except Saturdays. The mother objected to the father’s proposal to change the child-custody schedule. The state had adopted the UMDA. The father told the mother that he would petition the court for this custody change and would definitely win, because the child was old enough that the court would honor the child’s desire to change the custodial schedule. The father also tells the mother that the court would not consider any other factors. Is the father correct?68Do children have an automatic right to their own attorney in every custody case?
Do children have an automatic right to their own attorney in every custody case?69A mother and father were the divorced parents of a seven-year-old child. The father sued the mother for custody of the child and asked the court to...
A mother and father were the divorced parents of a seven-year-old child. The father sued the mother for custody of the child and asked the court to appoint counsel for the child. The judge refused to appoint counsel for the child, explaining that she could determine the child’s best interests without counsel for the child. The state had adopted the UMDA. The father appealed, claiming the judge must appoint counsel for the child. Will the father prevail?70In a child-custody case, what are the two roles an attorney may take with respect to a child client?
In a child-custody case, what are the two roles an attorney may take with respect to a child client?71In a child-custody case, what is the difference between an attorney advocate for the child’s wishes and an attorney guardian of the child’s best in...
In a child-custody case, what is the difference between an attorney advocate for the child’s wishes and an attorney guardian of the child’s best interests?72If appointed as counsel for the child’s position in a custody case, may an attorney ignore the child’s best interests and advocate only for the chi...
If appointed as counsel for the child’s position in a custody case, may an attorney ignore the child’s best interests and advocate only for the child’s wishes?73A mother and father were litigating a custody case about their minor child. The mother asked the court to appoint counsel for the child. The judge ...
A mother and father were litigating a custody case about their minor child. The mother asked the court to appoint counsel for the child. The judge appointed counsel for the child and told the child’s attorney to determine which custodial arrangement was in the child’s best interest and to advocate for the child’s wishes at the custody trial. The state had adopted the UMDA and had an additional statute allowing counsel for the child in custody cases to both determine a child’s best interests and advocate for the child’s position. The father objected, asking the court to appoint a second attorney for the children so that one attorney could determine the child’s best interests, and the other could advocate for the child’s wishes. The father claimed that the state statute is illegal.Will the father prevail?74In general, will a court in a state that has made an initial child-custody determination retain continuing and exclusive jurisdiction over that det...
In general, will a court in a state that has made an initial child-custody determination retain continuing and exclusive jurisdiction over that determination?75Do courts maintain jurisdiction over child-custody orders until the child in question reaches the age of majority?
Do courts maintain jurisdiction over child-custody orders until the child in question reaches the age of majority?76In what circumstances will a court be able to modify another state court’s child-custody determination?
In what circumstances will a court be able to modify another state court’s child-custody determination?77A mother and a father were the divorced parents of one child. A state court in State A entered a child-custody order granting primary custody to th...
A mother and a father were the divorced parents of one child. A state court in State A entered a child-custody order granting primary custody to the father. The father and child moved to a different state, State B, while the mother remained in State A. Both states had adopted the UCCJEA.May a court in State B modify the custody order?78What is the majority approach for deciding a petition for modification of a child-custody order?
What is the majority approach for deciding a petition for modification of a child-custody order?79A mother and father were the divorced parents of one child. All three lived in State A. State A had adopted the UMDA. The father had primary custod...
A mother and father were the divorced parents of one child. All three lived in State A. State A had adopted the UMDA. The father had primary custody of the child under a custody order entered by a State A court six months prior. The child was thriving with the father and was in no danger. May the mother now petition the State A court to modify the custody order and give primary custody of the child to the mother?80In general, how do courts determine whether a change in circumstances will justify modification of a child-custody order?
In general, how do courts determine whether a change in circumstances will justify modification of a child-custody order?81Are courts more likely to modify a custody order because of a change in the custodial parent’s circumstances than because of a change in the noncus...
Are courts more likely to modify a custody order because of a change in the custodial parent’s circumstances than because of a change in the noncustodial parent’s circumstances?82For purposes of child-custody modification, what is relocation?
For purposes of child-custody modification, what is relocation?83In general, is a custodial parent forbidden from relocating with the child?
In general, is a custodial parent forbidden from relocating with the child?84If one parent in a child-custody case wants to relocate with the child over the objection of the other parent, how does the court decide whether to...
If one parent in a child-custody case wants to relocate with the child over the objection of the other parent, how does the court decide whether to allow relocation?85For purposes of child-custody determinations, what is mediation?
For purposes of child-custody determinations, what is mediation?86Does a successful mediation often result in the parties agreeing to a plan for parenting the child?
Does a successful mediation often result in the parties agreeing to a plan for parenting the child?87If parties in a child-custody case have been to mediation, must the court follow the recommendations of the mediator?
If parties in a child-custody case have been to mediation, must the court follow the recommendations of the mediator?88May parents ordered to attend mediation in a child-custody case subsequently cross-examine the mediator at trial?
May parents ordered to attend mediation in a child-custody case subsequently cross-examine the mediator at trial?89What is collaborative law?
What is collaborative law?90If parties use the collaborative-law process to complete their divorce and then take any aspect of the case to court, may the parties be represente...
If parties use the collaborative-law process to complete their divorce and then take any aspect of the case to court, may the parties be represented in court by the same attorneys who represented them in the collaborative divorce?91May parties to a collaborative-law custody case incorporate a mediator into the collaborative process to assist with their custody dispute?
May parties to a collaborative-law custody case incorporate a mediator into the collaborative process to assist with their custody dispute?92A mother and father were the divorced parents of a child. The mother and father completed their divorce outside of court, using the collaborative d...
A mother and father were the divorced parents of a child. The mother and father completed their divorce outside of court, using the collaborative divorce process. They agreed to share custody of their child equally. Later, the mother and father disagreed about the custody of the child, and the father threatened to sue the mother in court for primary custody of the child. The state had adopted the Uniform Collaborative Law Act. If the father sued the mother in court for primary custody of the child, may the mother use the same attorney for the custody hearing that the mother used for the collaborative divorce?93A mother and father were the separated parents of one child, and all lived in the same state. The mother and father were using collaborative practi...
A mother and father were the separated parents of one child, and all lived in the same state. The mother and father were using collaborative practice to decide their custody arrangement for the child without going to court. The state had adopted the Uniform Collaborative Law Act. The mother told the father that she wished to use a mediator to assist with the collaborative practice to decide this custody case. The father told the mother that it was illegal to use a mediator in collaborative practice and that the mother must choose either mediation or collaborative practice. Is the father correct?