ID Bar Family Law 3

Question 1

Under Idaho's Uniform Parentage Act, a voluntary acknowledgment of paternity signed by both parents has:

Accepted Answer

The same legal effect as a court judgment establishing paternity

Answer

No legal effect until confirmed by DNA testing

Answer

Presumptive but rebuttable weight in a subsequent custody proceeding only

Answer

Effect solely for purposes of inheritance and child support, not custody

Question 2

In Idaho, an emergency domestic violence protection order may be granted:

Accepted Answer

Ex parte if the court finds immediate and present danger of domestic violence

Answer

Only after a full evidentiary hearing with both parties present

Answer

Only after the alleged abuser has been formally charged with a criminal offense

Answer

Only if the parties are married or share a minor child

Question 3

Under Idaho adoption law, when may a birth parent's signed consent to adoption be challenged or revoked?

Accepted Answer

Before entry of the final adoption decree upon a showing of fraud, duress, or undue influence

Answer

At any time before the child is physically placed with the adoptive family

Answer

Only within twenty-four hours of signing

Answer

Consent is fully irrevocable once signed before a notary public

Question 4

In Idaho, a prenuptial (antenuptial) agreement is generally enforceable if:

Accepted Answer

It was signed voluntarily with fair and reasonable disclosure of each party's financial circumstances

Answer

It was executed at least thirty days before the wedding ceremony

Answer

It was reviewed and approved by a court before the marriage took place

Answer

Both parties were represented by the same attorney at the time of signing

Question 5

Under Idaho community property law, how is the appreciation in value of a business owned by one spouse before marriage treated when that appreciation results from the active efforts of the owning spouse during the marriage?

Accepted Answer

The appreciation attributable to marital effort may be characterized as community property

Answer

The business remains entirely separate property regardless of effort expended during marriage

Answer

The entire business converts to community property upon marriage

Answer

The non-owning spouse automatically acquires a fifty percent interest upon marriage

Question 6

Under Idaho law, what must the moving party demonstrate to obtain modification of an existing child custody order?

Accepted Answer

A material and substantial change in circumstances since the entry of the prior custody order

Answer

That either parent wishes to have custody reconsidered based on current circumstances

Answer

That the modification is agreed to by both parents or that abuse has occurred

Answer

That at least two years have elapsed since the prior custody order was entered

Question 7

In Idaho, how are personal injury damages received by one spouse during the marriage typically characterized for community property purposes?

Accepted Answer

Damages for pain, suffering, and loss of personal capacity are separate property of the injured spouse

Answer

All personal injury damages are community property subject to equal division

Answer

All personal injury recoveries are community property except punitive damages

Answer

Personal injury damages are always entirely the separate property of the injured spouse