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1For 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?
3For purposes of a child-custody determination, what is sole custody?
4For 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?
6Does a child-custody determination encompass both legal custody and physical custody of the child?
7What is the tender-years presumption?
8What 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...
10Is 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?
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...
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...
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...
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...
16In the context of child-custody determinations, what are visitation rights?
17In general, is a noncustodial parent entitled to visitation with the child?
18May a court compel a child’s noncustodial parent to visit the child?
19What is supervised visitation?
20If 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?
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...
23May 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...
25Does 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?
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...
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...
29If 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 ...
31What 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?
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...
34What 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...
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...
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...
38Are 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?
40In 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?
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 ...
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...
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 ...
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?
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...
47For 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?
49If 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...
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...
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...
53May 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?
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 ...
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...
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...
58In 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?
60Do 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...
62What is a guardian ad litem?
63May 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?
65Is 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?
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...
68Do 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...
70In 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...
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...
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 ...
74In general, will a court in a state that has made an initial child-custody determination retain continuing and exclusive jurisdiction over that det...
75Do 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?
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...
78What 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...
80In 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...
82For purposes of child-custody modification, what is relocation?
83In 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...
85For 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?
87If 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?
89What 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...
91May 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...
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...
All flashcards
93 cards