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 the primary legal standard US family courts apply when making child custody determinations?
Answer: The best interests of the child
Family courts apply the 'best interests of the child' standard to all custody decisions, considering factors like stability, parental relationships, and the child's needs.
What is the legal distinction between legal custody and physical custody of a child?
Answer: Legal custody is the authority to make major decisions; physical custody determines where the child lives
Legal custody grants the right to make major decisions about the child's education, healthcare, and religion, while physical custody determines the child's primary residence.
What is a prenuptial (antenuptial) agreement?
Answer: A contract executed before marriage specifying property rights and asset division in the event of divorce
A prenuptial agreement is a pre-marriage contract that predetermines how property, debts, and financial matters will be handled if the marriage ends.
Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which state typically has jurisdiction over initial custody matters?
Answer: The child's home state, where the child lived for the preceding six months
The UCCJEA designates the child's 'home state' — where the child has lived for at least six consecutive months — as the appropriate jurisdiction for initial custody determinations.
What does 'equitable distribution' mean in the context of marital property division at divorce?
Answer: A fair but not necessarily equal division based on relevant factors such as contributions and economic circumstances
Equitable distribution divides marital property fairly based on factors like length of marriage, each spouse's contributions, and their economic circumstances — not necessarily equally.
What is the legal distinction between a dissolution of marriage and a legal separation?
Answer: A dissolution permanently terminates the marriage; a legal separation allows spouses to live apart while remaining legally married
Dissolution (divorce) completely ends the marital relationship, while legal separation allows spouses to divide assets and live apart without terminating the marriage.