Chp 12: Child Custody Flashcards
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?
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.
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?
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.
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:
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.
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?
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.
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 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.
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?
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.
The American Law Institute (ALI) focuses its allocation of custodial responsibility on which of the following values?
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.
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?
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.
The nexus test in child custody determinations, where it applies, requires which of the following:
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.
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?
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.
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?
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.
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?
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.
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:
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.
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?
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.
What role does a 16 year old child’s preference typically play in a child custody dispute?
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.
