CP CP Family Law and Domestic Relations

Question 1

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which state has jurisdiction to make the initial custody determination?

Accepted Answer

The child's 'home state,' where the child has lived for at least six consecutive months before the proceeding

Answer

Any state where the child has a parent or guardian

Answer

The state where the divorce was filed, regardless of where the child lives

Answer

The state chosen by the custodial parent after the divorce

Question 2

What is the primary legal standard applied by courts when making decisions about child custody and visitation?

Accepted Answer

The best interests of the child

Answer

The financial resources of each parent

Answer

The preference of the custodial parent

Answer

The child's age and gender

Question 3

What is the difference between legal custody and physical custody of a child?

Accepted Answer

Legal custody is the right to make major decisions for the child; physical custody refers to where the child primarily lives

Answer

Legal custody refers to where the child lives; physical custody refers to decision-making authority

Answer

Legal custody terminates at age 16; physical custody continues until age 18

Answer

Legal custody is only awarded in contested divorces; physical custody is always shared equally

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?

Accepted Answer

Bigamy

Answer

Fraud

Answer

Incest

Answer

Lack of capacity

Question 5

What distinguishes a 'void' marriage from a 'voidable' marriage?

Accepted 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

Answer

A void marriage can be ratified by the parties; a voidable marriage cannot

Answer

A void marriage only affects property rights; a voidable marriage affects custody

Answer

There is no legal distinction between void and voidable marriages in modern U.S. law

Question 6

Under the Uniform Interstate Family Support Act (UIFSA), which state retains 'continuing exclusive jurisdiction' over a child support order?

Accepted Answer

The state that issued the original child support order, as long as one party or the child still lives there

Answer

The state where the child currently resides, regardless of where the original order was issued

Answer

The state where the obligor (paying parent) currently lives

Answer

Any state with personal jurisdiction over both parties