DE Bar Family Law 3

Question 1

A petitioner in Delaware seeks immediate protection from an abusive partner before the respondent can be heard. What relief is available?

Accepted Answer

An ex parte temporary protection from abuse order upon a showing of immediate and present danger

Answer

Delaware Family Court may issue an ex parte temporary Protection From Abuse order when the petitioner shows an immediate and present danger of domestic violence, followed by a prompt full hearing.

Question 2

Under the UCCJEA as adopted in Delaware, a child's 'home state' for initial custody jurisdiction is generally the state where the child lived with a parent for at least how long before the proceeding?

Accepted Answer

6 consecutive months

Answer

Home state jurisdiction under the UCCJEA requires the child to have lived in the state with a parent or person acting as a parent for at least six consecutive months immediately before the proceeding.

Question 3

A woman's same-sex partner helped raise a child from birth with the mother's support but never adopted the child. In Delaware, what status may she assert to seek parental rights?

Accepted Answer

De facto parent status under the Delaware Uniform Parentage Act

Answer

Delaware statutorily recognizes de facto parents under 13 Del. C. § 8-201(c), granting them the status of a legal parent when the statutory elements are met.

Question 4

Which of the following is a ground for annulment that Delaware's statute expressly includes?

Accepted Answer

The marriage was entered into as a jest or dare

Answer

Under 13 Del. C. § 1506, Delaware permits annulment where one or both parties entered the marriage as a jest or dare, along with grounds like incapacity, fraud, duress, and bigamy.

Question 5

Under Delaware law, a parent's duty to pay child support generally continues until the child reaches 18, but extends if the child is still in high school until what point?

Accepted Answer

Until the child graduates or turns 19, whichever comes first

Answer

Delaware support obligations run to age 18, or if the child is still enrolled in high school, until the child graduates or turns 19, whichever occurs first.

(DE Bar) Delaware Bar Exam Practice Test

(DE Bar) Delaware Bar Exam Practice Test

DE Bar Family Law 3