CDS CDS Child Custody & Parenting Plans 2 — Questions and Answers
Question 1: What distinguishes legal custody from physical custody?
- Legal custody refers to where the child sleeps; physical custody refers to schooling decisions
- Legal custody involves decision-making rights; physical custody determines where the child lives (Correct answer)
- Legal custody is always shared; physical custody is always sole
- Legal custody applies only to children under age 12
Correct answer: Legal custody involves decision-making rights; physical custody determines where the child lives
Legal custody covers the right to make major decisions about the child's life, while physical custody determines the child's primary residence.
Question 2: A Parenting Coordinator (PC) in a high-conflict divorce case primarily serves to:
- Represent the child in court proceedings
- Help parents implement their parenting plan and resolve day-to-day disputes (Correct answer)
- Determine which parent pays child support
- Conduct psychological evaluations of both parents
Correct answer: Help parents implement their parenting plan and resolve day-to-day disputes
A Parenting Coordinator assists high-conflict parents in implementing the parenting plan and resolving minor disputes without repeated court intervention.
Question 3: What is a Guardian ad Litem (GAL) in a child custody case?
- An attorney who represents the custodial parent
- A court-appointed advocate who represents the best interests of the child (Correct answer)
- A financial advisor who calculates child support
- A mediator who facilitates parenting plan negotiations
Correct answer: A court-appointed advocate who represents the best interests of the child
A Guardian ad Litem is appointed by the court to independently investigate and advocate for the child's best interests in custody proceedings.
Question 4: Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which state typically has jurisdiction over a child custody case?
- The state where the filing parent currently resides
- The child's home state, where the child has lived for at least six months (Correct answer)
- The state with the most favorable custody laws
- The state where the divorce was originally filed
Correct answer: The child's home state, where the child has lived for at least six months
The UCCJEA grants jurisdiction to the child's home state, defined as where the child has lived for at least six consecutive months prior to the custody proceeding.
Question 5: In a high-conflict divorce, a CDS specialist should recommend which approach to parenting communication?
- Encourage direct phone calls to resolve disputes quickly
- Suggest using a documented co-parenting communication app or written logs (Correct answer)
- Advise the parents to communicate only through their children
- Recommend that all communication go through their respective attorneys only
Correct answer: Suggest using a documented co-parenting communication app or written logs
Co-parenting communication apps like OurFamilyWizard create documented, neutral records of communication, reducing conflict and providing evidence if disputes escalate.
Question 6: At what age do most U.S. courts begin giving significant weight to a child's preference in custody decisions?
- Age 5
- Age 8
- Age 12 to 14 (Correct answer)
- Age 18
Correct answer: Age 12 to 14
Most courts begin giving meaningful consideration to a child's custody preference around ages 12–14, though the weight given varies by state and maturity.
CDS CDS Child Custody & Parenting Plans 2
What distinguishes legal custody from physical custody?