Question 1

How do the best interests of the child standard (BICS) and the tender years doctrine differ? Give an illustration of a child custody decision made under each standard.

Accepted Answer

The answer of How do the best interests of the...

Question 2

When there is a history of spousal abuse, the abuser may use the mediation process to have access to the victim. In this case, mediation:

Accepted Answer

Mediation may not be the best approach in cases of spousal abuse because it can provide the abuser with an opportunity to continue exerting control and manipulation over the victim, potentially endangering the victim's safety and well-being.

Question 3

What is mediation? What are the advantages of mediation over litigation when it comes to child custody decisions? Under what conditions are parents more likely to seek litigation? Is mediation advisable in all cases or are there exceptions?

Accepted Answer

The answer of What is mediation? What are the advantages...

Question 4

A process alternative to litigation is mandatory in many states for couples seeking divorce. A neutral third party who approaches the parents together in a non-adversarial manner is called a:

Accepted Answer

A mediator is a neutral third party who facilitates negotiations between disputing parties, such as couples seeking divorce, in a non-adversarial manner to help them reach a mutual agreement.

Question 5

How does legal custody differ from physical custody? Which custody arrangements are common and which ones are rare? What does research say about the effects of various custody arrangements on children?

Accepted Answer

The answer of How does legal custody differ from physical...

Question 6

All of the following features of mediation have been noted as its benefits, EXCEPT:

Accepted Answer

Mediation is often preferred due to its potential to lower costs, reduce conflict, and produce similar outcomes to litigation in terms of custody plans. However, it is not always preferable to litigation in every divorce case, as the circumstances of each case can vary significantly.

Quiz 13: Child Custody Disputes