Exam Rules - Domestic Relations

Question 1

What is legal custody

Answer 1

Legal custody is the right of a parent to make major decisions about a child’s life. Legal custody typically encompasses education, religion, and health issues.

Question 2

What is physical custody

Answer 2

Physical custody is the right of a parent to have their minor child reside with them. Typically, when a parent is granted only legal custody, they are entitled to reasonable visitation. Parents have a constitutional right to have contact with their children and thus the denial of visitation is exceedingly rare. Such denials only occur when visitation poses a serious threat to the child’s physical, mental, or emotional health.

Question 3

What rights does a biological father have

Answer 3

An unwed biological father has a substantive due process right to have contact with his child if the father demonstrates a commitment to the responsibilities of parenthood.

Question 4

Can a court modify a spousal support order

Answer 4

Yes, a Virginia court can increase, decrease or terminate payment, as circumstances demand, unless the parties contracted otherwise. New decrees only operate prospectively.

Question 5

What must be found to authorize an increase in spousal support

Answer 5

(1) involuntary and unforeseen (2) material change in parties’ circumstances

Question 6

What is the penalty for defaulting on child support

Answer 6

Avoiding child support payments is a misdemeanor with a fine of up $500 or imprisonment of no more than 12 months

Question 7

When can a court deviate from the child support guidelines

Answer 7

The court can deviate from Virginia’s child support guidelines after making a (1) written finding that adhering to the guidelines would be (2) unjust or inappropriate (3) based on the relevant evidence of the particular case under the relevant statutory guidelines

Question 8

When is marital property determined

Answer 8

At the time of the last separation of the parties

Question 9

How long does a couple have to perform the solemnization after receiving a marriage license

Answer 9

60 days

Question 10

What are the grounds for a annulling a void marriage

Answer 10

Bigamy, Incest, Nonage

Question 11

What are the grounds for annulling a voidable marriage

Answer 11

Fraud, duress, mental incapacity, intoxication, impotency, felony conviction, concealed parenthood, prostitution

Question 12

What is the legal effect of judicial separation

Answer 12

Judicial separation extinguishes each spouse’s right in property acquired after the separation, but does not allow either spouse to remarry.

Question 13

What are the grounds for judicial separation

Answer 13

Cruelty or abandonment

Question 14

What are the grounds for fault divorce

Answer 14

(1) Adultery, sodomy, or buggery (2) conviction of a felony (3) willful desertion (4) cruelty

Question 15

Is there a waiting period for receiving a fault based divorce

Answer 15

There is no waiting period if the grounds for divorce are adultery or conviction of a felony with imprisonment of 1+ years. Abandonment and cruelty have a 6 month waiting period if there are no children, 1 year if there are children.

Question 16

What are the requirements for a no-fault divorce

Answer 16

Living separate and apart without cohabitation for 1 year or 6 months. The parties must intend to live separate and apart permanently at the beginning of the uninterrupted period. A sexual encounter between the spouses after separation without the intent to resume cohabitation does not restart the period.

Question 17

What is the “marital presumption”

Answer 17

A child born to a married woman is the child of her husband. This can be rebutted through a preponderance of the evidence.

Question 18

When does a VA court have jurisdiction over child custody proceedings

Answer 18

(1) VA is and has been the child’s home state for a period of 6 months or since birth or (2) was the child’s home state in the past 6 months and the child is absent form the state, but a parent continues to live in the state

Question 19

What factors are considered for child custody

Answer 19

(1) age and physical condition of the child and each parent (2) Relationship between each parent and the child (3) needs of the child (4) child’s preference if the child is of sufficient maturity (5) siblings (6) domestic violence

Question 20

What must a third party demonstrate to earn visitation rights when both parents oppose their rights

Answer 20

(1) the denial of visitation would cause actual harm to the child (clear and convincing evidence); and (2) the visitation will serve the child’s best interest (preponderance of evidence).