ACP Family Law Pleadings & Custody 3 — Questions and Answers
Question 1: A Petition for Dissolution of Marriage that includes minor children must typically contain:
- The names and ages of all minor children and a request for a custody determination (Correct answer)
- Only the grounds for divorce and date of marriage
- A list of all marital debts but not assets
- The children's school records attached as exhibits
Correct 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.
Question 2: Which discovery tool is most commonly used to obtain detailed financial information from the opposing party in a custody support dispute?
- Interrogatories (Correct answer)
- A subpoena to a third-party witness
- Request for admissions
- Motion in limine
Correct 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.
Question 3: A temporary custody order entered at the start of a case is best described as:
- A pendente lite order that remains in effect until a final order is entered (Correct answer)
- A permanent order subject only to appellate review
- An ex parte order that cannot be modified during the case
- A consent order that automatically converts to a final order after 90 days
Correct 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Pendente lite orders govern custody arrangements during the pendency of the litigation and are superseded by the final decree.
Question 4: When preparing a custody complaint, which jurisdictional statute determines which state's courts have authority to decide custody?
- The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Correct answer)
- The Full Faith and Credit Clause only
- The Hague Convention on child abduction
- The Uniform Interstate Family Support Act (UIFSA)
Correct 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.
Question 5: A motion for in camera interview requests that the judge:
- Speak privately with the child outside the presence of the parties and attorneys (Correct answer)
- Review confidential medical records in chambers
- Hold a hearing closed to the public
- Inspect the family home without notice
Correct 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.
Question 6: Under the UCCJEA, which state typically has 'home state' jurisdiction over an initial custody determination?
- The state where the child lived with a parent for at least six consecutive months before the proceeding (Correct answer)
- The state where the divorce was filed
- The state where the child was born
- The state with the lowest filing fee
Correct 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.
Question 7: A paralegal reviewing a proposed custody order notes it lacks a dispute resolution clause. Why is this clause important?
- It requires parents to attempt mediation or another process before returning to court for minor disputes (Correct answer)
- It sets the attorney fee award for future modifications
- It grants the court continuing jurisdiction automatically
- It identifies which parent has final authority on all decisions
Correct 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.
ACP Family Law Pleadings & Custody 3
A Petition for Dissolution of Marriage that includes minor children must typically contain: