Child Custody Lecture Flashcards
All of the following are correct in the case of Painter versus Bannister except?
a. Involved a father viewed as “bohemian” and not providing the most stable environment for his child.
b. Grandparents appealed to regain custody of their grandchild after the trial court awarded custody to the father.
c. The United States Supreme Court established that the standard for determining custody was what was in the best interest of the child.
d. Court stated that the emphasis was on the child’s need, not parental preference.
c. The United States Supreme Court established that the standard for determining custody was what was in the best interest of the child.
Which of the following statements is correct regarding the least detrimental alternative standard?
a. Joint custody should be awarded to both parents.
b. Court determines visitation of a child with both parents.
c. Advance the concept of the psychological parent.
d. Lancaster Dial parent maintains the legal right to visit the child.
e. All of the above are correct.
c. Advance the concept of the psychological parent.
Which term generally Involves both legal and physical custody.
a. Legal custody.
b. Protective custody.
c. Joint custody.
c. Joint custody.
Which term means the authority to make decisions about the child’s medical, educational, health, and Welfare needs.
a. Legal custody.
b. Protective custody.
c. Joint custody.
a. Legal custody.
Which term means that the court retains legal custody of the child?
a. Legal custody.
b. Protective custody.
c. Joint custody.
b. Protective custody.
Which of the following is true regarding children raised by same-sex parents compared to children raised in households by both genders as parents?
a. Higher risk for early sexual experimentation.
b. Higher risk for alcohol and drug use.
c. Higher risk for homosexuality.
d. No differences in child development in those children raised in same-sex households compared to children raised in households with parents of both genders.
d. No differences in child development in those children raised in same-sex households compared to children raised in households with parents of both genders.
Which of the following are correct regarding grandparents’s visitation rights of their grandchildren?
a. Visitation with grandparents are presumed to be in the best interest of the child in the majority of the states.
b. Approximately 20% of all children live with their grandparents.
c. In the case of Troxel versus Granville, the United States Supreme Court held that grandparents have no constitutionally required rights to seek visitation of their grandchildren.
d. In the case of Troxel versus Granville, the United States Supreme Court held that the Washington State statute allowing anyone to petition for visitation rights was unconstitutional.
d. In the case of Troxel versus Granville, the United States Supreme Court held that the Washington State statute allowing anyone to petition for visitation rights was unconstitutional.
All the following are true regarding sexual abuse allegations in custody cases except?
a. Sexual abuse Allegations occur in over 30% of contested custody cases.
b. 20 to 30% of sexual abuse allegations in contested custody cases are found unlikely.
c. Improbable allegations of sexual abuse most commonly occur immediately after a separation or divorce has been granted.
d. Both mothers and fathers are noted to commonly bring forth sexual abuse allegations and contested child custody cases.
a. Sexual abuse Allegations occur in over 30% of contested custody cases.
Which of the following is a true statement regarding parental kidnapping of children?
a. Rare form of child kidnapping.
b. The Parental Kidnapping Prevention Act authorizes the issuance of federal warrants for unlawful flights to avoid prosecution and parental abduction cases.
c. The Uniform Child Custody Jurisdiction Act established procedures to put into effect the 1980 Hague Convention on International Child Abduction.
d. In the US Supreme Court case of Golan versus Saada, The majority stated that a court must examine all possible ameliorative measures when a child’s return would expose them to a grave risk of harm before denying a Hague Convention return.
b. The Parental Kidnapping Prevention Act authorizes the issuance of federal warrants for unlawful flights to avoid prosecution and parental abduction cases.
Which of the following is a true statement regarding the effect of divorce on children?
a. Children from divorced families Have significantly more behavior problems than peers from intact families.
b. A direct linear relationship between the age of the child and the negative effects of divorce has been repeatedly demonstrated where children less than age 7 fare worse than children 7 or older after divorce.
c. Boys show more internalizing symptoms like anxiety than girls following a divorce.
d. Girls show more externalizing symptoms, like behavioral problems, than boys following a divorce.
a. Children from divorced families Have significantly more behavior problems than peers from intact families.
What is the current doctrine that the courts use to determine custody?
Best interests of the child
Abolished the paternal preference and tender years doctrines
What was the issue and holding in Painter vs. Bannister (1966)?
Iowa case.
Established the standard for determining the custody of a child as the “best interests of the child.”
What legislation was passed to help judges make decisions about the best interests of the child?
Uniform Marriage and Divorce Act (UMDA) (1974)
Outlined the following considerations:
Wishes of parents; wishes of child; interaction and interrelationship of the child with parent; child’s adjustment to home, school, community; mental and physical health of all involved.
Which custody model uses the psychological parent concept?
The Least Detrimental Alternative approach.
Which custody model focuses on an approximation of the pre-divorce patterns of responsibility?
Parental Preference Model
What is the most common type of custody arrangement?
Joint Custody.
What are the two components of joint custody?
- Legal Custody
- Physical custody
What is the standard of proof for custody proceedings?
preponderance of the evidence (51%)
What was the finding of Adams and Light’s (2015) study regarding homosexual parents?
There were no differences in child development in those children raised in same sex households compared to children raised in households with parents of both genders.
What were the findings in Farr’s 2017 study regarding children being raised with same sex parents?
Adjustment among children, parents, and couples, as well as family functioning, was not different based on sexual orientation when children were school-aged. Instead, preexisting conflict was more predictive of future issues.
What was the holding of Troxel v. Granville (2000)?
The USSC ruled that a Washington State statute allowing anyone to petition for visitation rights was unconstitutional and violated the due process rights of Granville and her family to make decisions concerning the care, custody, and control of her daughters.
What additional parental demographic considerations can be considered in custody decisions?
Children can weigh in between 12-14 years of age
Race cannot be considered per Palmore v. Sidoti (1984)
What legislation served to limit custody jurisdiction to the state where the child has his home or where there are other strong contacts with the child and his family?
Uniform Child Custody Jurisdiction Act, 1968
What is the most common kidnapping of a child?
parental kidnapping
