Themis Essay 4519

Question 1

Legal custody is the right of a parent to

Answer 1

make major decisions regarding the minor child.

Question 2

Legal custody encompasses the areas of the child’s

Answer 2

health, education, and religion.

Question 3

Physical custody is the right to have the child reside with a parent or guardian, and the obligation to

Answer 3

provide for routine daily care and control of the child.

Question 4

Typically when a court awards primary physical custody of a child to one parent, the noncustodial parent is allowed

Answer 4

reasonable visitation.

Question 5

Because parents have a constitutional right to have contact with their children, the denial of visitation is very unusual and typically only occurs when

Answer 5

visitation would seriously endanger the child’s physical, mental, or emotional health.

Question 6

The U.S. Supreme Court has recognized that an unwed biological father has a substantive due process right under the U.S. Constitution to have contact with his child, if

Answer 6

the father demonstrates a commitment to the responsibilities of parenthood.

Question 7

A parent has a fundamental constitutional right to the care, custody, and control of their children in relation to

Answer 7

grandparent or other non-parent visitation.

Question 8

In Virginia, a non-parent requesting visitation in opposition of both the child’s parents, at least one of whom is fit, must show by clear and convincing evidence that

Answer 8

the denial of visitation would cause actual harm to the child.

Question 9

If successful in showing by clear and convincing evidence that denial of visitation by a non-parent would cause a child harm, then then non-parent must also show by a preponderance of the evidence that

Answer 9

visitation will serve the child’s best interest.