ACP Family Law Pleadings & Custody 2 — Questions and Answers
Question 1: In a custody modification proceeding, what must the moving party typically demonstrate to obtain a change in the existing order?
- A substantial change in circumstances since the original order (Correct answer)
- Only that the child prefers the other parent
- That the original order was entered by default
- Proof that the other parent violated the order once
Correct 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.
Question 2: Which pleading formally notifies the court and opposing party that a parent seeks to relocate with the minor child?
- Motion to Modify Custody
- Notice of Intent to Relocate (Correct answer)
- Petition for Dissolution
- Motion for Temporary Restraining Order
Correct 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.
Question 3: What is the purpose of a guardian ad litem appointed in a custody case?
- To represent the interests of the minor child independent of either parent (Correct answer)
- To serve process on both parties
- To act as the judge's law clerk on child issues
- To provide financial advice to the custodial parent
Correct 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.
Question 4: A paralegal is drafting a Parenting Plan. Which element is MOST critical to include under ACP standards?
- A detailed holiday and vacation schedule (Correct answer)
- The attorney's billing rate for future modifications
- A list of all the child's medical providers
- A valuation of marital assets
Correct 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.
Question 5: Legal custody differs from physical custody in that legal custody refers to:
- The right to make major decisions about the child's upbringing (Correct answer)
- Where the child physically resides most of the time
- The parent's obligation to pay child support
- Supervision of the child during visitation exchanges
Correct 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.
Question 6: When a court enters a default judgment in a custody case because one parent fails to respond to the petition, the defaulting parent:
- May later seek to set aside the default by showing excusable neglect and a meritorious defense (Correct answer)
- Permanently loses all parental rights
- Automatically receives supervised visitation only
- Cannot appeal the judgment under any circumstances
Correct 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.
Question 7: In pleadings concerning child custody, the doctrine of 'in loco parentis' is relevant when:
- A non-parent has assumed parental duties and seeks visitation or custody rights (Correct answer)
- A parent is temporarily incarcerated
- The court appoints a temporary custodian pending trial
- A guardian ad litem files a report
Correct 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.
ACP Family Law Pleadings & Custody 2
In a custody modification proceeding, what must the moving party typically demonstrate to obtain a change in the existing order?