Family Law Pleadings & Custody Flashcards
7 cards from real ACP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Family Law Pleadings & Custody flashcards as text
In a custody modification proceeding, what must the moving party typically demonstrate to obtain a change in the existing order?
Answer: A substantial change in circumstances since the original order
Most jurisdictions require a showing of substantial change in circumstances to modify an existing custody order in order to promote stability for the child.
Which pleading formally notifies the court and opposing party that a parent seeks to relocate with the minor child?
Answer: Notice of Intent to Relocate
A Notice of Intent to Relocate is the required pleading in most states when a custodial parent plans to move a significant distance with the child.
What is the purpose of a guardian ad litem appointed in a custody case?
Answer: To represent the interests of the minor child independent of either parent
A guardian ad litem is appointed to investigate and advocate for the best interests of the child rather than the interests of either parent.
A paralegal is drafting a Parenting Plan. Which element is MOST critical to include under ACP standards?
Answer: A detailed holiday and vacation schedule
Parenting Plans must include a detailed schedule specifying when the child is with each parent, including holidays, school breaks, and vacations.
Legal custody differs from physical custody in that legal custody refers to:
Answer: The right to make major decisions about the child's upbringing
Legal custody grants a parent the authority to make significant decisions regarding education, healthcare, and religion, independent of where the child lives.
When a court enters a default judgment in a custody case because one parent fails to respond to the petition, the defaulting parent:
Answer: May later seek to set aside the default by showing excusable neglect and a meritorious defense
A default in a custody case may be vacated if the defaulting party demonstrates excusable neglect and presents a meritorious defense as allowed by civil procedure rules.
In pleadings concerning child custody, the doctrine of 'in loco parentis' is relevant when:
Answer: A non-parent has assumed parental duties and seeks visitation or custody rights
In loco parentis ('in the place of a parent') applies when a non-parent has functioned as a parent and courts may recognize standing to seek custody or visitation.