Chp 12: Child Custody Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Ahmed has had sole custody of his three well-adjusted children for 15 years, and his ex-wife Maria, their mother, has visitation with the children every other weekend.

Which of the following is atypical about their situation?

A

As a single father, he has sole custody of his children.

Exp: Over 80% of children who live with one parent live with their mother.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Yoko is in the navy, and is preparing for a 9 month deployment at sea. Sofia, Yoko’s ex-wife, is incarcerated. Yoko and Sofia are parents to 2 year old Mateo. Yoko has sole legal and physical custody of Mateo.

If Yoko places Mateo with Sofia’s parents during her deployment, which of the following will happen when she returns, if Sofia’s parents resist returning Mateo to Yoko by filing a motion to transfer permanent custody to themselves?

A

Yoko will regain physical custody unless the court views her deployment as an exceptional circumstance, in which case, the Court will determine what custodial arrangement is in Mateo’s best interest.

Exp: A fit parent receives custody over a non-parent absent exceptional circumstances. If a court finds exceptional circumstances in the case, that court may evaluate the child’s best interest.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Betty and Bob have two young children, and are in a custody dispute. The judge wants to award custody to Betty because the judge believes that very young children belong with their mothers.

If the judge writes an opinion basing a child custody decision on this belief, the judge could be overturned on appeal for all of the following reasons except:

A

The United States Supreme Court has held that application of the Tender Years doctrine is unconstitutional.

Exp: Because the United States Supreme Court has not held that application of the Tender Years doctrine is unconstitutional, this would not be a rationale for an appellate court to overturn our judge.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

The preference for the psychological parent, rooted in attachment theory, will place the greatest emphasis on which of the following factors when choosing an appropriate custodial arrangement for a child?

A

Which party seeking custody can provide the most consistent and stable relationship with the child.

Exp: The attachment theory focuses on the quality and continuity of the parent-child relationship.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

In a state that gives weight in custody determinations to the person who is the primary caretaker of the child prior to the custody dispute, which of the following is not likely to be considered a factor in determining who the primary caretaker is?

A

A determination that one parent is likely to be in a position to increase involvement with parenting activities post-divorce due to an expected change in employment demands.

Exp: The primary caretaker determination is backwards-looking, considering the facts of the past relationships and not the possibility that caretaking arrangements will be different in the future.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Akeno and Meixiu are readying their cases for a child custody dispute in their divorce over their 12 month old son. Akeno has a long history of infidelity, for which Meixiu has forgiven him. He insisted that Meixiu needed to lose weight, or he would divorce her. She participated in weight watchers, but was unable to lose the amount of weight Akeno wanted, and Akeno decided to leave her for a thinner and younger woman. Meixiu attends church regularly, while Akeno is not religious. Meixiu believes the children should attend a Saturday school focused on studying a language and culture associated with their parents’ heritage, while Akeno believes such a school slows the process of acculturation to the United States. Akeno disapproves of the use of alcohol, while Meixiu has two glasses of wine every evening.

Which of the following issues is a court very unlikely to consider in their child custody dispute?

A

Akeno’s insistence that Meixiu lose weight to save the marriage, and her failure to do so.

Exp: The reasons for Akeno and Meixiu’s relationship breakdown is unlikely to influence the custody determination in the case.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

The American Law Institute (ALI) focuses its allocation of custodial responsibility on which of the following values?

A

In the absence of a countervailing value, children should spend time with each parent in proportion to the past pattern of time with each, approximating historical patterns.

Exp: In the absence of a countervailing value as listed in the Principles, children should spend time with each parent in proportion to the past pattern of time with each, approximating historical patterns.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Jin and Kenji are married and have two children, ages 6 and 8 by a surrogate. They live on the east coast of the United States. Jin is the genetic father of both. Their marriage has been falling apart for three years, since Jin took a high paying job in Seattle Washington that requires him to commute 5 hours by airplane each week, so he is gone during the week and at home on weekends. After those three years, Kenji files for divorce. Their divorce takes two more years, and during that time, Jin continues to commute to Seattle. The only remaining issue for trial is custody of the couple’s two children. Jin would like to have sole custody and re-locate the children to Seattle, with summers at Kenji’s. Kenji wants the reverse. Both parents are loving and attentive and parent well, and the children are thriving.

Who is most likely to receive custody, and why?

A

Kenji, because all things equal, continuity is the best for the children, and custody in Jin would disrupt school, neighborhood, and parental ties with which they are currently thriving.

Exp: All things equal, with two fit parents, continuity for the children is likely to decide this case, with liberal visitation to Jin.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

The nexus test in child custody determinations, where it applies, requires which of the following:

A

A nexus between a factor, such as a parent’s moral fitness, and harm to the child.

Exp: Many states require a litigant to show a nexus between a factor, such as a parent’s moral fitness, and harm to the child.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Jamal and Damien are in a custody dispute over their four children, Brandy age 10, Mandy 9, Randy 8, and Andy 7. Both are fit parents. The children have been living with Jamal during the separation, but Andy and Randy want to live with their father, Damien, because he gives them more screen time and they have recently increased their interest in video gaming. The girls prefer to stay with their mother, Jamal, because she is more attentive to all of the children and has more time available to spend with them.

Which factor is the most likely to affect the court’s custody decision in the case of Randy and Andy’s custody?

A

Jamal’s greater availability and attentiveness.

Exp: In all states, courts will give substantial weight in favor of the parent who is more attentive to and gives more time to children in their custody decisions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Miguel and Yoko each sought sole physical custody of their children. After a trial, Yoko was awarded sole physical custody, with liberal visitation to Miguel.

Pursuant to Yoko’s sole physical custody, which of the following is she free to do?

A

None of the above.

Other Choices:

  • Choose what kind of schools the children will attend.
  • Choose whether the children will receive cosmetic orthodontia to straighten their teeth.
  • Choose the city the children will live in.
  • Smoke cigarettes in her home.

Exp: Physical custody does not entitle a parent to make decisions associated with legal custody, including where the children will go to school. It is common for co-parents to have joint legal custody, in which case they would make this decision jointly.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Koi purchased a dog he named Hawk early in his marriage to Kona, using funds from a bank account he had maintained for ten years when he was not married that contained only estate gifts from his parents. Kona, however, took care of Hawk during the 8-year marriage. She walked Hawk, fed Hawk, and took Hawk to work with her. For 8 years, they were inseparable. At divorce, the court order gives Hawk to Kona.

What is the likely standard the court is applying?

A

The emerging alternative to the property rule, which is the “best for all” standard.

Exp: The best interest of all standard considers attachment and caretaking of pets, with an investigation of facts that is less extensive than a best interest of the child standard, but acknowledges the emotional attachments of both humans and pets that distinguish pets from property.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

During the 10-year marriage between Olga and Isabella, Olga was physically and verbally abusive to Isabella, including during her pregnancy with the couple’s only child, Alek. On several occasions, police were called to the scene. Isabella was twice admitted to the hospital for injuries from Olga’s physical abuse, and once, early in the marriage, Isabella sought a protective order against Olga followed by a brief marital separation, after which the couple reconciled. In a divorce proceeding, Isabella is seeking custody of Alek, the spouses’ healthy and happy four year old.

Which of the following could not be the standard a court would apply to the domestic violence in their relationship:

A

The domestic violence could be inadmissible in a custody proceeding if Alek was never a witness to it.

Exp: The domestic violence would be admissible in the custody proceeding even if Alek never witnessed it, because all states require consideration of domestic violence in custody proceedings.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Farouk and Fatima are divorcing after a 15-year marriage because Farouk has been serially unfaithful and wants to marry one of his many paramours. Farouk seeks joint physical and legal custody of their two children, ages 12 and 11. Fatima seeks sole physical and legal custody, because she believes that Farouk is narcissistic and controlling in his decision-making on behalf of the children. Fatima feels that he does not take their needs seriously, favoring his own needs and social appearances over the children’s needs. Because Farouk manages appearances well, their community feels they are both doting parents, even though Fatima feels that Farouk’s good parenting only occurs in public. In private, Fatima feels he is either controlling or neglectful, depending on his mood. Fatima spends far more time with the children, especially at home, and they confide in her that they find Farouk’s demands difficult to manage.

Which conventional factor in child custody determinations will work against Fatima in her pursuit of sole custody?

A

The friendly parent provision will work against Fatima.

Exp: Many states favor a parent who will best facilitate a good relationship with the other parent. Because Farouk is seeking joint custody, he may be seen to be more willing to support the children’s relationship with the other parent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What role does a 16 year old child’s preference typically play in a child custody dispute?

A

A 16 year old child’s preference is given very substantial weight in a custody determination.

Exp: Once a child is 16, that child’s preference is given substantial weight in a court’s determination of what is in the child’s best interest.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Which of the following is used to determine a child’s preference?

A

All of the above.

Other Choices:

  • In camera interviews by the judge.
  • The appointment of a guardian ad litem who interviews the children and parties to gather information about the child’s welfare.
  • The appointment of counsel for the child to advocate for either the child’s preference or the child’s best interest.

Exp: Courts determine a child’s preference using all three methods: in camera interviews by the judge, the appointment of a guardian ad litem, or the appointment of an attorney for the child.

17
Q

Alejandro and Jill are the parents of three grade-school aged children. Alejandro wants to share physical custody equally. Jill is open to sharing time because she agrees that it is good for the children to have regular care from both parents, but believes that switching houses is too disruptive to the children.

Which of the following would best address the problems of disruption for the children and the need for continuity with each parent?

A

A joint custody practice called “bird nesting,” where the children stay in a single home, and the parents move in and out instead of the children.

Exp: The practice of bird nesting is least disruptive to the children. The disruption is instead transferred to the adults, who must be highly cooperative and also absorb the disruption and expense of regular moving. The arrangement is rare.

18
Q

Sally gives birth to a child. She is not married, and she is a high earner who is able to support her child easily. Her ex-boyfriend is the biological father of the child. He is aware that she is pregnant, but she says she does not want him to be involved in the child’s life. He is not happy about this, and most people would agree that he would be a better parent than Sally, but he accepts and respects her wishes.

When the child is born, she does not put her ex-boyfriend’s name on the birth certificate. Under these circumstances, who will have custody of the child?

A

Sally does not need a court order to have custody of the child if her ex-boyfriend accepts her decisions; often non-marital families have no custody order.

Exp: It is an ordinary circumstance for children born outside of a marriage to reside with a mother, who has practical custody, without any court orders allocating legal custody. See Clare Huntington, Postmarital Family Law: A Legal Structure for Nonmarital Families, 67 Stan. L. Rev. 167 (2015).

19
Q

Once an allocation of custody has been made, which of the following conditions may a court impose on the household of the custodial parent?

A

All of the above.

Other Choices:

  • The court may require that the custodial parent abstain from having overnight guests or engaging in any sexual behavior in the home when the children are present.
  • The court may require that the custodial parent limit time spent on the internet in the children’s presence.
  • The court may require that the parent abstain from drinking alcohol when the children are in the home.

Exp: Courts may and at times do impose all of these restrictions on a custodial parent, although none of these conditions are imposed on parents when they live with their co-parent, as in a marriage unless the state deems the child at risk of abuse or neglect.

20
Q

Cory and Therese have three children together. Cory and Therese have joint physical custody. Recently, Therese has stopped paying her child support, and frequently leaves the children with Cory during her parenting time, because she has struggled with alcohol abuse.

What are the children’s remedies for the loss of their time with Therese?

A

None of the above.

Other Choices:

  • Cory can withhold any future parenting time with Therese until she catches up on her child support.
  • Cory may seek a court order forcing Therese to exercise her custodial time.
  • Cory may seek to terminate Therese’s parental rights.

Exp: None of these approaches will remedy the children’s loss of parenting time with Therese.

21
Q

Joan’s client, Denzel, wants to limit the amount of marital property his partner, Jesse, will receive as a result of property division, and wants to avoid paying alimony. To enhance his bargaining position, Denzel has asked Joan to seek sole legal and physical custody of the couple’s two marital children, although he has confided to Joan that he does not actually desire sole physical and legal custody of the children, and that because he travels for work, it would be logistically challenging for him, and difficult for the children.

Which of the following strategies would not be ethical for Joan to pursue?

A

2 correct answers:

Joan could disregard Denzel’s request, and request joint legal and physical custody because she believes it is in the best interest of the children.

Exp: This would not be ethical. Model Rule 1.2 makes clear that “a lawyer shall abide by a client’s decisions concerning the objectives of representation.” Model Rules of Prof’l Conduct, r. 1.2 (Am. Bar Ass’n 2018). Joan cannot disregard Denzel’s wishes and take a position contrary to the one he seeks to pursue.

Joan could request sole legal and physical custody for Denzel.

Exp: This would not be ethical. Model Rule 3.1 states “A lawyer shall not . . . assert an issue . . . unless there is a basis in law and fact for doing so that is not frivolous.” Model Rules of Prof’l Conduct, r. 3.1 (Am. Bar Ass’n 2018). Because Denzel’s claim for sole custody is in bad faith, Joan’s pursuit of the claim in court would have no basis in fact that was not frivolous.