Divorce Child Custody and Support 1 — Questions and Answers
Question 1: What is the primary standard courts use when making child custody decisions?
- The financial status of each parent
- The best interests of the child (Correct answer)
- The preference of the filing parent
- The child's school performance
Correct answer: The best interests of the child
Courts in all US states use the 'best interests of the child' standard as the guiding principle for custody determinations.
Question 2: What is the difference between legal custody and physical custody?
- Legal custody is for fathers; physical custody is for mothers
- Legal custody involves decision-making rights; physical custody involves where the child lives (Correct answer)
- Legal custody is temporary; physical custody is permanent
- There is no legal difference between the two
Correct answer: Legal custody involves decision-making rights; physical custody involves where the child lives
Legal custody refers to the right to make major decisions about the child's life, while physical custody refers to where the child primarily resides.
Question 3: What is 'joint physical custody'?
- The child lives primarily with one parent
- The child splits living time significantly between both parents (Correct answer)
- Both parents share the same home
- One parent has physical custody while the other has legal custody
Correct answer: The child splits living time significantly between both parents
Joint physical custody means the child spends substantial time living with both parents, though not necessarily a 50/50 split.
Question 4: At what age can a child typically express a preference for which parent to live with in the US?
- Any age
- Around age 12–14, depending on state law (Correct answer)
- Only at age 18
- Age 8 in all states
Correct answer: Around age 12–14, depending on state law
Most states begin giving significant weight to a child's custody preference around age 12–14, though the court retains final authority.
Question 5: What is a 'parenting plan'?
- A financial budget for raising children post-divorce
- A detailed schedule outlining custody arrangements and parental responsibilities (Correct answer)
- A court order terminating parental rights
- A school enrollment agreement
Correct answer: A detailed schedule outlining custody arrangements and parental responsibilities
A parenting plan is a written document that details custody schedules, holiday arrangements, decision-making responsibilities, and communication protocols between parents.
Question 6: What federal law helps enforce child support orders across state lines?
- Uniform Child Custody Jurisdiction Act
- Full Faith and Credit for Child Support Orders Act (FFCCSOA) (Correct answer)
- Child Welfare Act
- Family Support Act
Correct answer: Full Faith and Credit for Child Support Orders Act (FFCCSOA)
The Full Faith and Credit for Child Support Orders Act requires all states to honor and enforce child support orders issued by other states.
Divorce Child Custody and Support 1
What is the primary standard courts use when making child custody decisions?