Deck 7: Introduction to Legal Analysis

Question 1

Cohabitation occurs when two persons:

A) are coparenting a child.
B) have joint physical custody.
C) live together in an intimate usually sexual) relationship.
D) were formerly married.

Answer 1

C

Question 2

Why is joint custody unlikely to work in contested custody cases?

Answer 2

In contested custody cases, the parents have been fighting about which parent should have custody. This animosity suggests that they will not be able to cooperate in the manner needed for a joint-custody arrangement to work.

Question 3

The phrase, "he was awarded custody" is confusing because the phrase does not tell you:

A) whether the custody was physical custody only.
B) whether the custody was legal custody only.
C) whether the custody was physical and legal custody.
D) all of the above.

Answer 3

D

Question 4

How does a judge decide a custody dispute between biological parents?

Question 5

A parent with sole physical custody:

A) can make the decision on where the child attends school.
B) can make the decision on where the child lives.
C) can make the decision on where the child attends religious services.
D) can make the decision on whether grandparents can visit the child.

Question 6

When will a court order visitation to be supervised?

Question 7

A psychological parent is someone who is not biologically related to the child.

Question 8

A parenting coordinator PC) is a professional who assists parents to resolve custody disputes that arise under a parenting plan.

Question 9

Grandparents must be granted the right to visit their grandchildren.

Question 10

Race cannot be the sole factor that determines the award of custody.

Question 11

What role can religion play in a child-custody decision?

Question 12

Coparenting is shared responsibility by two adults to raise a child, regardless of the marital status or sexual orientation of the adults.

Question 13

The Minnesota Multiphasic Personality Inventory is a:

A) test to assess the effectiveness of supervised visitation.
B) test to assess personality characteristics.
C) list of criteria used by the court to make the custody decision.
D) list of criteria for resolving conflicting presumptions.

Question 14

If a biological parent is living, a court cannot grant custody to a psychological parent.

Question 15

Although a best-interests attorney represents a child, this attorney is not bound by the directives or objectives of the child.

Question 16

Name a gender-based custody standard and a gender-neutral custody standard.

Question 17

The parent with legal custody determines where the child lives.

Question 18

What was the holding of Troxel v. Granville?

Question 19

A parent who leads an immoral lifestyle can never be awarded custody.

Question 20

Mediation is a method of alternate dispute resolution ADR) in which the parties avoid litigation by submitting their dispute to a neutral third person the mediator) who renders a decision resolving it for them.

Question 21

Shared responsibility by two adults to raise a child, regardless of the marital status or sexual orientation of the adults, is called .

Question 22

The state is the state where the child has lived with a parent or anyone acting as a parent) for at least six consecutive months immediately before the court proceeding began or since birth if the child is less than six months old.

Question 23

Match each numbered entry with the most relevant lettered entry below.
a. tender-years presumption
b. psychological parent
c. dirty hands
d. legal custody
e. assign
f. levy
g. QDRO
h. ex parte
i. UIFSA
j. forum shopping
29. right to make the major child-rearing decisions
30. collection or seizure of property
31. device for an alternate payee to reach a pension
32. both sides are not in court
33. looking for a court that will give a favorable ruling
34. interstate collection of child support
35. mothers are better suited to raise young children
36. inappropriate behavior
37. has a substantial and continuing relationship with a child
38. transfer rights

Question 24

Under the presumption, custody should be granted to the parent who thus far has taken care of most of the daily needs of the child unless this parent is unfit.

Question 25

A parent is when he or she demonstrates abuse or neglect that is substantially detrimental to a child.

Question 26

What two important laws have been enacted to reduce child snatching and forum shopping in child-custody cases?

Question 27

What test does a judge use to resolve a custody dispute between a biological parent and a psychological parent who is not a biological parent?

Question 28

custody is the right of an adult to have a child reside with the adult.

Question 29

A order is a form of injunction, initially issued ex parte with only one side present), to prevent the defendant from doing a threatened act.