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
What is the effect of an agreement between parents on custody that is incorporated into a court order?
Answer: It becomes enforceable as a court order and not merely a private contract
Once a parental agreement is incorporated into a court order, it has the force of a court decree and violations can be enforced through contempt proceedings.
Which type of custody arrangement gives one parent the majority of parenting time while the other has scheduled visitation?
Answer: Sole physical custody with visitation rights
Sole physical custody means the child resides primarily with one parent, and the non-custodial parent receives scheduled parenting time or visitation.
A contempt motion in a custody case is the appropriate remedy when:
Answer: A parent willfully violates a court custody or visitation order
Civil contempt is used to enforce compliance with court custody and visitation orders when a party willfully fails to obey those orders.
The term 'split custody' in family law most accurately describes a situation where:
Answer: Each parent has primary physical custody of at least one of the parties' children
Split custody means different children live primarily with different parents, which courts generally disfavor because it separates siblings.
A paralegal is serving a custody petition by publication. This method is used when:
Answer: The respondent's whereabouts are unknown and cannot be located after diligent search
Service by publication is a last resort permitted only when the respondent cannot be located after a diligent search, and courts strictly scrutinize its use.
Under the Parental Kidnapping Prevention Act (PKPA), federal law requires states to:
Answer: Give full faith and credit to another state's custody orders that meet UCCJEA jurisdictional standards
The PKPA mandates that states enforce valid custody orders from other states to prevent parental forum shopping and jurisdictional conflicts.
A verified complaint or petition in a family law case requires:
Answer: The petitioner's sworn signature attesting that the factual allegations are true to the best of their knowledge
A verified pleading includes the party's sworn statement that the contents are true, giving the allegations the weight of sworn testimony.