DRL 5A COPY Flashcards

1
Q
  1. Article 5A Uniform Child Custody Jurisdiction and Enforcement Act
    ***Home State- The State where the child lived for at least ____________ CONSECUTIVE MONTHS immediately before the commencement of a child custody proceeding. Or in the case of a child less than ____ months of age, then where they have lived since birth
A

SIX (6) …. SIX (6)

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2
Q
  1. Article 5A Uniform Child Custody Jurisdiction and Enforcement Act

Person acting as a parent- A person other than the parent who had physical custody of the child for a period of _________ CONSECUTIVE MONTHS including any temporary absence within
_______ immediately before commencement of such action.

A

SIX (6) ……. ONE (1) YEAR

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3
Q
  1. Article 5A Uniform Child Custody Jurisdiction and Enforcement Act

The court shall preserve pleadings, orders, decrees, records, etc., until the child attains
___________ of age with respect to custody proceedings. Upon request of a
court or law enforcement official of another state, the court shall forward a certified
copy of those records

A

EIGHTEEN (18) YEARS

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4
Q
  1. Article 5A Uniform Child Custody Jurisdiction and Enforcement Act
    76-A court of this state has jurisdiction to make an initial child custody determination if:
    This state is the home state of the child or was the home state within _____________
    before the commencement of the proceedings even if the child is absent from the state
    as long as a parent continues to live in this state, OR a court of another state does not
    have jurisdiction or has declined jurisdiction AND the child or the child’s parents have a
    significant connection with this state or substantial evidence is available in this state
A

SIX (6) MONTHS

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5
Q
  1. Article 5A Uniform Child Custody Jurisdiction and Enforcement Act
    76H- Each party in its first pleading shall give information as to the child’s whereabouts and
    where the child had lived for the last ___________ , along with names and addresses of
    the persons to whom they had lived. If safety is a factor then no identifying information
    shall be disclosed, example: present address of child or parties name seeking custody. In
    this instance the clerk of the court will be designated as agent of service.
A

FIVE (5) YEARS

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6
Q
  1. Article 5A Uniform Child Custody Jurisdiction and Enforcement Act

***77- Petitioner- person who seeks enforcement of an order for return of a child under the
Hague Convention on the Civil Aspects of International Child Abduction or enforcement
of a child custody determination

***Respondent- same as above except proceeding is against such person

A

xx

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7
Q
  1. Article 5A Uniform Child Custody Jurisdiction and Enforcement Act

77D - Registration:

To register a child custody determination in this state from another state, this state
must be sent:
1. A letter or document requesting registration
2. _________ COPIES, _________ certified of the order to be registered, with a statement
that it has not been modified
3. The name and address of party seeking registration and the parent who has
custody

Upon receipt of the required documents the court shall:
1. Cause the determination to be filed as a foreign judgment
2. Serve notice upon the person named and provide them an opportunity to
contest the registration, the notice must state:
A. That a registered determination is enforceable
B. That they must request a hearing to contest the validity within
___________ DAYS
C. Failure to contest the registration will result in confirmation of the
determination

A

TWO (2) ……. one ……… TWENTY (20)

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8
Q
  1. Article 5A Uniform Child Custody Jurisdiction and Enforcement Act

Upon the filing of a petition for enforcement, the court shall direct the respondent to appear with or
without the child for a hearing within _________ COURT DAYS, provided that service of
the petition was made not less than _________ HOURS prior to the hearing

A

THREE (3) ……… TWENTY FOUR (24)

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9
Q
  1. Article 5A Uniform Child Custody Jurisdiction and Enforcement Act
    Enforcement hearing
    If a party refuses to testify the court may draw ___________
A

an adverse inference

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10
Q
  1. Article 5A Uniform Child Custody Jurisdiction and Enforcement Act
    Enforcement hearing

77J-

Any adjournment shall be for not more than ___________ COURT DAYS

A

THREE (3)

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