CP CP Family Law and Domestic Relations 1 — Questions and Answers
Question 1: Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which state has jurisdiction to make the initial custody determination?
- Any state where the child has a parent or guardian
- The child's 'home state,' where the child has lived for at least six consecutive months before the proceeding (Correct answer)
- The state where the divorce was filed, regardless of where the child lives
- The state chosen by the custodial parent after the divorce
Correct answer: The child's 'home state,' where the child has lived for at least six consecutive months before the proceeding
The UCCJEA grants exclusive jurisdiction to the child's home state (where the child has lived for six consecutive months) to make initial custody determinations.
Question 2: What is the primary legal standard applied by courts when making decisions about child custody and visitation?
- The financial resources of each parent
- The best interests of the child (Correct answer)
- The preference of the custodial parent
- The child's age and gender
Correct answer: The best interests of the child
All U.S. states apply the 'best interests of the child' standard, which considers factors such as each parent's relationship with the child, stability, and the child's own preferences depending on age.
Question 3: What is the difference between legal custody and physical custody of a child?
- Legal custody refers to where the child lives; physical custody refers to decision-making authority
- Legal custody is the right to make major decisions for the child; physical custody refers to where the child primarily lives (Correct answer)
- Legal custody terminates at age 16; physical custody continues until age 18
- Legal custody is only awarded in contested divorces; physical custody is always shared equally
Correct answer: Legal custody is the right to make major decisions for the child; physical custody refers to where the child primarily lives
Legal custody grants a parent the authority to make important decisions about the child's education, healthcare, and religion, while physical custody determines with whom the child resides.
Question 4: A spouse wants to annul a marriage on the ground that the other spouse was already married at the time of the ceremony. What is this legal ground called?
- Fraud
- Bigamy (Correct answer)
- Incest
- Lack of capacity
Correct answer: Bigamy
Bigamy—entering a marriage while a prior valid marriage remains undissolved—is a grounds for annulment (and a criminal offense in all states) that renders the subsequent marriage void.
Question 5: What distinguishes a 'void' marriage from a 'voidable' marriage?
- A void marriage is invalid from the start and requires no court action; a voidable marriage is valid until a court sets it aside (Correct answer)
- A void marriage can be ratified by the parties; a voidable marriage cannot
- A void marriage only affects property rights; a voidable marriage affects custody
- There is no legal distinction between void and voidable marriages in modern U.S. law
Correct answer: A void marriage is invalid from the start and requires no court action; a voidable marriage is valid until a court sets it aside
A void marriage (e.g., bigamous or incestuous) is invalid from inception and can be treated as nonexistent without a court decree, while a voidable marriage (e.g., based on fraud) remains valid until a court annuls it.
Question 6: Under the Uniform Interstate Family Support Act (UIFSA), which state retains 'continuing exclusive jurisdiction' over a child support order?
- The state that issued the original child support order, as long as one party or the child still lives there (Correct answer)
- The state where the child currently resides, regardless of where the original order was issued
- The state where the obligor (paying parent) currently lives
- Any state with personal jurisdiction over both parties
Correct answer: The state that issued the original child support order, as long as one party or the child still lives there
UIFSA grants continuing exclusive jurisdiction to the issuing state as long as the child, the obligee, or the obligor continues to reside there, preventing competing orders from multiple states.
CP CP Family Law and Domestic Relations 1
Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which state has jurisdiction to make the initial custody determination?