Question 1

Who governs the rules for obtaining a divorce?

Accepted Answer

State laws govern the rules for obtaining a divorce. Divorce laws vary from state to state, with some requiring a waiting period or proof of fault, while others allow for no-fault divorces. Mental health professionals may provide support during the divorce process, but they do not govern the rules for obtaining a divorce. There are no federal laws governing divorce, and while the courts oversee the legal process of a divorce, they do not set the rules for obtaining one.

Question 2

Who among the following have been given a Constitutional right to be involved in a child's life?

Accepted Answer

Legal parents have a constitutional right to be involved in a child's life. Grandparents and siblings do not have a consistent constitutional right to be involved in a child's life, although some state laws may provide for limited visitation rights in certain circumstances. Incarceration does not automatically strip a legal parent of their constitutional right to be involved in a child's life, although it may limit their ability to exercise that right.

Question 3

Why are family courts often considered dangerous places for court officers, personnel, and participants?

Accepted Answer

Family courts deal with sensitive and emotional issues such as divorce, child custody, and domestic violence. This creates a highly charged atmosphere where participants may act out in anger or frustration. This can put court officers, personnel, and even other participants in danger.

Question 4

Which of the following is correct about termination of parental rights?

Accepted Answer

Termination of parental rights is a serious decision and, therefore, is rare and requires exceptional circumstances. It is not something that is granted lightly and is typically only considered in cases where the child is in danger or the parents are unable to provide the necessary care for the child. The other options are not necessarily accurate. A) There has not necessarily been a significant increase in termination of parental rights in recent years. B) Parental rights may not necessarily be terminated automatically while a parent is imprisoned, as it depends on the circumstances. D) Both mothers and fathers may have their parental rights terminated if the circumstances warrant it.

Question 5

According to the least detrimental alternative standard, psychological knowledge can best be used in child custody arrangements by helping to determine which

Accepted Answer

The least detrimental alternative standard prioritizes the solution that will cause the least harm to the child. Therefore, psychological knowledge should be used to determine which custody arrangement will do the least harm to the child's well-being.

Question 6

What significant change occurred in child custody evaluations between 1997 and 2008?

Accepted Answer

Between 1997 and 2008, there was an increase in the use of projective instruments in child custody evaluations that did not meet the Daubert standard, which is a rule of evidence regarding the admissibility of expert witnesses' testimony.

Question 7

What is a criticism of many testing instruments that are used for custody evaluations?

Accepted Answer

The answer of What is a criticism of many testing...

Question 8

In which situation would a psychologist most likely be asked to conduct a visitation risk assessment?

Accepted Answer

A psychologist would most likely be asked to conduct a visitation risk assessment when a custodial parent challenges the visitation rights of a parent, as this situation directly involves assessing the potential risks associated with visitation.

Question 9

Imagine you are forensic psychologist who has been retained by an attorney for the plaintiff in a civil injury case. How would you proceed?

Accepted Answer

As a forensic psychologist retained by the attorney for the plaintiff in a civil injury case, the first step would be to evaluate the type and degree of harm suffered by the plaintiff. This would involve conducting a thorough psychological evaluation to assess the impact of the injury on the plaintiff's mental health, functioning, and wellbeing. Once this is determined, it may be necessary to provide expert testimony in court to assist in determining appropriate compensation for damages. While determining whether the plaintiff meets DSM-V criteria for PTSD may be relevant, it is not the primary goal of a forensic evaluation in a civil injury case. Similarly, determining whether the defendant should receive compensatory or punitive damages is not the role of a forensic psychologist, but rather that of the judge or jury. Finally, determining the specific behavior used by the defendant to harm the plaintiff may be relevant in establishing liability, but again is not the primary focus of a forensic psychological evaluation in a civil injury case.

Question 10

A forensic psychologist who has been appointed by family court to provide emotional support during a divorce proceeding is playing the role of

Accepted Answer

A forensic psychologist who has been appointed by family court to provide emotional support during a divorce proceeding is playing the role of a coach, as they are there to provide guidance and support to the individuals going through the divorce. They are not acting as a review expert, consultant, or mediator, as their role is more focused on emotional support rather than providing expert opinion or facilitating negotiations between parties.

Question 11

The standard for determining child custody which presumes that the child is best left in the care of the mother is called the

Accepted Answer

The tender years doctrine is a traditional standard that presumes that young children are best left in the care of the mother. This standard has been criticized for its gender bias and is no longer widely accepted in modern custody cases. The best interest of the child standard is now the most widely used standard for determining custody, which considers a range of factors to determine what is best for the child. The least detrimental alternative standard and golden nurturer doctrine are not commonly used standards in modern custody cases.

Question 12

Who makes the custody decision in the majority of divorce cases involving dependent children?

Accepted Answer

The majority of divorce cases involving dependent children will have custody decisions made by the parents themselves, with the help of their lawyers and possibly a mediator. Only in cases where the parents cannot agree, or if there are extenuating circumstances that require the involvement of a judge or other professional, will someone else make the custody decision. While the child's preferences and the opinions of psychologists may be taken into account, ultimately the parents are the ones responsible for determining what is in their child's best interests.

Question 13

Which of the following is an example of legal parental authority?

Accepted Answer

Choosing a pediatrician is an example of legal parental authority as it involves making decisions related to the healthcare of the child.

Question 14

Research suggests that _______ are the most common examiners involved in custody evaluations.

Accepted Answer

According to research, psychologists are the most common examiners involved in custody evaluations.

Question 15

Lara and Tom are working together on a divorce case that involves one minor child. Lara is a family law attorney representing one of the litigants and Tom is the forensic psychologist conducting the custody evaluation. Which component of Tom's evaluation will Lara find most important?

Accepted Answer

The most important component of Tom's custody evaluation for Lara will be the recommendations concerning custodial arrangements, as this directly impacts her client's rights and responsibilities as a parent. While psychological testing of the child and parents may also be important, they may not be as crucial to the outcome of the case as the custody recommendations. Recommendations to collateral sources such as schools may also be relevant, but are likely of secondary importance to the custody arrangements.

Question 16

What is the most common custody arrangement in the United States?

Accepted Answer

The answer of What is the most common custody arrangement...

Question 17

Today, the __________ has replaced the __________as the child custody standard.

Accepted Answer

The best interest of the child standard is now the prevailing standard for child custody decisions, replacing the tender years doctrine, which favored mothers in custody disputes solely based on their gender and the presumption that young children needed the nurturing and care of their mothers. The best interest of the child standard focuses on the child's needs and interests, taking into account factors such as the child's age, the physical and emotional health of the child and parents, the child's relationship with each parent, and other relevant factors.

Question 18

A proven wrongful act that may be subject to recoverable damages in a civil lawsuit is called a(n)

Accepted Answer

A tort is a proven wrongful act that may be subject to recoverable damages in a civil lawsuit. It refers to a civil wrong or injury caused by one person to another, for which the injured party can sue to receive compensation for any damages suffered as a result of the wrongful act. Examples of torts include negligence, intentional infliction of emotional distress, and defamation.

Question 19

Dr. Goodman is a forensic psychologist who has been asked to answer the ultimate issue question in a child custody case. What is this question?

Accepted Answer

The ultimate issue question in a child custody case is which parent should be given custody of the child. This is the primary question that a forensic psychologist would need to answer in order to provide recommendations to the court. The other options may be relevant in certain cases, but are not the ultimate issue question in a child custody case.

Question 20

Which statement accurately summarizes research findings on the effects of divorce on children?

Accepted Answer

Research consistently shows that children fare best when they have positive and healthy relationships with both parents, regardless of custody arrangements. Sole custody can be detrimental to children's well-being and development as it may limit contact with one parent. Additionally, divorce often leads to a decrease in the financial standard of living for both parents and children, which can have negative effects. While many children of divorced parents do show resilience and adapt well to the experience, some do experience negative long-term effects such as anxiety, depression, and difficulty forming relationships.

Quiz 6: Family Law and Other Forms of Civil Litigation