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
A Petition for Dissolution of Marriage that includes minor children must typically contain:
Answer: The names and ages of all minor children and a request for a custody determination
When minor children are involved, the dissolution petition must identify the children and request the court make orders regarding custody, support, and visitation.
Which discovery tool is most commonly used to obtain detailed financial information from the opposing party in a custody support dispute?
Answer: Interrogatories
Interrogatories are written questions served on a party that require sworn written answers and are effective for obtaining detailed financial and background information.
A temporary custody order entered at the start of a case is best described as:
Answer: A pendente lite order that remains in effect until a final order is entered
Pendente lite orders govern custody arrangements during the pendency of the litigation and are superseded by the final decree.
When preparing a custody complaint, which jurisdictional statute determines which state's courts have authority to decide custody?
Answer: The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
The UCCJEA, adopted in nearly every state, establishes which state has jurisdiction to make an initial custody determination and to modify prior orders.
A motion for in camera interview requests that the judge:
Answer: Speak privately with the child outside the presence of the parties and attorneys
An in camera interview allows the judge to speak with the minor child privately to assess the child's preferences and concerns without courtroom pressure from parents.
Under the UCCJEA, which state typically has 'home state' jurisdiction over an initial custody determination?
Answer: The state where the child lived with a parent for at least six consecutive months before the proceeding
The UCCJEA defines the home state as the state where the child lived with a parent for at least six consecutive months immediately before commencement of the proceeding.
A paralegal reviewing a proposed custody order notes it lacks a dispute resolution clause. Why is this clause important?
Answer: It requires parents to attempt mediation or another process before returning to court for minor disputes
Dispute resolution clauses reduce litigation by directing parents to use mediation or collaborative processes before filing motions on minor disagreements.