Child Custody (Part One of ???)

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Lynn Krueger-Andes and Ketan Soni's posts

#1 Who can file for custody?

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Parents

Parents or Grandparents

Parents or any other relative

Any parent, relative, or other person, agency, organization or institution claiming the right to custody of the minor child

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#2 Which of the following are true as it relates to standing?

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A. Non-parents do not have standing to seek custody against a parent unless they overcome the presumption that the parent has the superior right to the care, custody, and control of the minor child.

B. A relationship in the nature of a parent and child relationship, even in the absence of a biological relationship, will suffice to support a finding of standing.

C. A parent can lose his or her superior right status through conduct inconsistent with the presumption that the parent is the best person to have primary custody over the child

D. A parent can also lose his or her superior right status if the third-party shows the parent to be unfit or has neglected the welfare of the child

A and D

B and C

All of the above

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#3 How old must a child be to tell the Judge where he or she wants to live?

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No specific age but of "sufficient age"

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#4 How many factors are delineated in Ramirez-Barker v. Barker for a move away case? BONUS POINTS if you can name them!

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Who knows?

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#5 True or false: Legal custody is defined by statute.

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True

False

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#6 What must you show for a Motion to Modify Custody?

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A substantial change of circumstances

A substantial change of circumstances that impacts the welfare of the child

A substantial change of circumstances that impacts the welfare of the child then best interest of the minor child

A substantial change of circumstances that impacts the welfare of the child and the best interest of the minor child

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#7 Is an order which states that the visitation shall occur “at such times as the parties may agree” enforceable?

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Yes

Maybe?

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#8 What is the standard of review for a modification of custody?

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De novo

Abuse of discretion

Clear error

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#9 Under the UDPCVA, is the Order temporary or permanent?

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Temporary

Permanent

WTF is UDPCVA? Is this a trick question?

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#10 What is the standard of proof for a parent acting inconsistent with their constitutional rights?

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Preponderance of the evidence

Clear and convincing evidence

Beyond a reasonable doubt

Probable Cause

Sufficient evidence

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