KY Bar Family Law 5

Question 1

Under Kentucky's version of the UCCJEA, a state has 'home state' jurisdiction over an initial custody determination if the child lived there with a parent for at least:

Accepted Answer

6 consecutive months immediately before the proceeding began

Answer

1 year immediately before the proceeding began

Answer

90 days immediately before the proceeding began

Answer

30 days immediately before the proceeding began

Question 2

Who may petition for a domestic violence order (DVO) under Kentucky's domestic violence statutes?

Accepted Answer

A family member or member of an unmarried couple, including a current or former spouse or dating partner

Answer

Only a current spouse

Answer

Only persons who share a child with the respondent

Answer

Only persons currently living with the respondent

Question 3

A child is born to a married woman in Kentucky. Her husband's legal status regarding the child is:

Accepted Answer

Presumed to be the father, a presumption rebuttable in a paternity action

Answer

Conclusively established as the father with no rebuttal allowed

Answer

Irrelevant unless he signs an acknowledgment of paternity

Answer

Dependent on genetic testing at birth

Question 4

In a Kentucky proceeding for involuntary termination of parental rights, the petitioner must prove the grounds by:

Accepted Answer

Clear and convincing evidence

Answer

A preponderance of the evidence

Answer

Proof beyond a reasonable doubt

Answer

Substantial evidence on the record as a whole

Question 5

In Kentucky, an adult may consent to his or her own adoption placement; a birth mother's consent to adoption is not valid if given:

Accepted Answer

Before 72 hours after the child's birth

Answer

Before the child is 30 days old

Answer

Any time before final judgment

Answer

Before genetic testing confirms paternity

Question 6

Which marriage is void ab initio in Kentucky, rather than merely voidable?

Accepted Answer

A marriage between an uncle and his niece

Answer

A marriage entered while one party was intoxicated

Answer

A marriage induced by fraud going to the essentials

Answer

A marriage where one party lacked capacity due to temporary mental illness

Question 7

Kentucky's status regarding common-law marriage is that it:

Accepted Answer

Cannot be created in Kentucky, but a valid common-law marriage from another state is recognized

Answer

May be created after seven years of cohabitation

Answer

May be created by holding out as married plus joint tax filing

Answer

Is neither created nor ever recognized in Kentucky