ACP Family Law Pleadings & Custody 4

Question 1

What is the effect of an agreement between parents on custody that is incorporated into a court order?

Accepted Answer

It becomes enforceable as a court order and not merely a private contract

Answer

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.

Question 2

Which type of custody arrangement gives one parent the majority of parenting time while the other has scheduled visitation?

Accepted Answer

Sole physical custody with visitation rights

Answer

Sole physical custody means the child resides primarily with one parent, and the non-custodial parent receives scheduled parenting time or visitation.

Question 3

A contempt motion in a custody case is the appropriate remedy when:

Accepted Answer

A parent willfully violates a court custody or visitation order

Answer

Civil contempt is used to enforce compliance with court custody and visitation orders when a party willfully fails to obey those orders.

Question 4

The term 'split custody' in family law most accurately describes a situation where:

Accepted Answer

Each parent has primary physical custody of at least one of the parties' children

Answer

Split custody means different children live primarily with different parents, which courts generally disfavor because it separates siblings.

Question 5

A paralegal is serving a custody petition by publication. This method is used when:

Accepted Answer

The respondent's whereabouts are unknown and cannot be located after diligent search

Answer

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.

(ACP) Advanced Certified Paralegal Practice Test

(ACP) Advanced Certified Paralegal Practice Test

ACP Family Law Pleadings & Custody 4