CLA/CP Family Law and Domestic Relations Flashcards
6 cards from real CLA/CP Exam practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 CLA/CP Family Law and Domestic Relations flashcards as text
What is a Guardian ad Litem in family law proceedings?
Answer: A court-appointed representative who advocates for the best interests of a child in legal proceedings
A Guardian ad Litem is appointed by the court to independently represent the best interests of a child in custody, dependency, or other proceedings, separate from the parents' positions.
What was the 'tender years doctrine' in child custody law?
Answer: A largely abandoned presumption favoring maternal custody for young children
The tender years doctrine was a historical presumption that young children should be placed with their mothers, now largely replaced by the gender-neutral best interests standard.
What is the purpose of a parenting plan in divorce proceedings involving children?
Answer: To specify custody schedules, visitation arrangements, holiday plans, and decision-making responsibilities
A parenting plan is a detailed agreement or court order governing physical custody schedules, holiday arrangements, legal decision-making authority, and communication protocols between co-parents.
What is the legal significance of establishing paternity for an unmarried father?
Answer: It creates both legal rights (custody, visitation) and obligations (child support, inheritance) for the father
Paternity establishment legally identifies the father and simultaneously creates enforceable rights (custody, visitation) and obligations (child support, inheritance rights) under state law.
What is the 'income shares model' used to calculate child support in most US states?
Answer: A model using both parents' combined income to estimate what would have been spent on the child if the family remained intact
The income shares model pools both parents' incomes, estimates the total child-rearing cost, and apportions that obligation between the parents proportionately.
How does a domestic partnership differ from marriage in terms of legal rights and recognition?
Answer: Domestic partnerships offer some legal protections but recognition and benefits vary significantly by state and do not include all federal marital rights
Domestic partnerships grant certain legal protections (hospital visitation, state benefits) but recognition varies by state, and partners do not automatically receive all federal marital benefits.