MD Bar Family Law 4

Question 1

Under the UCCJEA as adopted in Maryland, which state has jurisdiction to make an initial child custody determination?

Accepted Answer

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

Answer

The state where either parent currently works

Answer

The state where the divorce was filed first, regardless of the child's residence

Answer

The state with the most favorable custody laws

Question 2

In Maryland, a final protective order in a domestic violence case may generally last up to how long?

Accepted Answer

One year, extendable to two years, with permanent orders possible in limited circumstances

Answer

Thirty days maximum

Answer

Six months with no extensions

Answer

Ten years in all cases

Question 3

Who is eligible to petition for a domestic violence protective order in Maryland as a 'person eligible for relief'?

Accepted Answer

Current or former spouses, cohabitants, persons related by blood or marriage, parents of a common child, and current or recent sexual partners

Answer

Only current spouses

Answer

Any coworker or neighbor

Answer

Only persons with a pending divorce case

Question 4

In a Maryland paternity action, what effect does genetic testing showing at least a 97.3% probability of paternity have?

Accepted Answer

It creates a rebuttable presumption of paternity

Answer

It conclusively establishes paternity with no rebuttal allowed

Answer

It is inadmissible without corroborating testimony

Answer

It shifts the case to federal court

Question 5

A child born to a married woman in Maryland is presumed to be the child of whom?

Accepted Answer

Her spouse, though the presumption is rebuttable

Answer

The biological father regardless of marriage

Answer

The state until paternity is adjudicated

Answer

No one until a birth certificate is issued

Question 6

Under Maryland law, what standing must a de facto parent establish under Conover v. Conover to seek custody or visitation?

Accepted Answer

The legal parent consented to and fostered the relationship, the person lived with the child, performed parental duties, and a bonded parental relationship formed

Answer

Merely a close emotional bond with the child

Answer

Six months of babysitting the child

Answer

A written contract with both legal parents

Question 7

What must a third party who is NOT a de facto parent show to win custody over a fit legal parent in Maryland?

Accepted Answer

Parental unfitness or exceptional circumstances, because fit parents have a constitutional presumption of custody

Answer

Only that the third party has greater wealth

Answer

That the child prefers the third party

Answer

Nothing; custody disputes are decided purely on best interests