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Texas Family Law Test Bank Questions & Answers Latest 2025-2026 Rated A, Exams of Law

The University of Manchester Law

Texas Family Law Test Bank Questions and Correct Answers Latest 2025-2026 Rated A

Typology: Exams

2024/2025

Available from 07/02/2025

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Texas Family Law Test Bank Questions

and Correct Answers Latest 2025-2026

Rated A

"BITCH": Written Agreement - ANS- Parties may reach a parenting

agreement and present it to the court.

- Court will honor such an agreement if the court also determines that it is

in the best interest of the children

- Court bases their decision on the following factors:

* Physical, psychological, and emotional needs of the child

* Whether the parents will be able to reach an agreement with each other

on day-to-day issues related to the child

* Whether the parents had and have honored responsibilities prior to

separation or since separation

* Preference of the child 12 years or older: May no longer state a

preference in writing. May state preference to the court orally in chambers

at a hearing or a non-jury trial only.

* Proximity of party's homes [of the parents' homes to each other (on page

23 of lecture handouts)

* Any other factor the courts can use to determine the best interest of the

child

Partial preview of the text

Download Texas Family Law Test Bank Questions & Answers Latest 2025-2026 Rated A and more Exams Law in PDF only on Docsity!

Texas Family Law Test Bank Questions

and Correct Answers Latest 2025-

Rated A

"BITCH": Written Agreement - ANS- Parties may reach a parenting agreement and present it to the court.

Court will honor such an agreement if the court also determines that it is in the best interest of the children
Court bases their decision on the following factors:

Physical, psychological, and emotional needs of the child
Whether the parents will be able to reach an agreement with each other on day-to-day issues related to the child
Whether the parents had and have honored responsibilities prior to separation or since separation
Preference of the child 12 years or older: May no longer state a preference in writing. May state preference to the court orally in chambers at a hearing or a non-jury trial only.
Proximity of party's homes [of the parents' homes to each other (on page 23 of lecture handouts)
Any other factor the courts can use to determine the best interest of the child

A grandparent seeking possession or access must prove: - ANS- Parental rights of one of the child's biological or adoptive parents haven't been terminated.

The child's physical health or emotional well-being would be significantly impaired if the grandparent were denied access or possession.
The grandparent is a parent of the child's parent, AND
One of the following is true about that parent:

The child's parent has been incarcerated for at least 3 months when the case is filed.
The child's parent has been declared judicially incompetent
The child's parent is dead; OR the
Child's parent doesn't have actual or court ordered possession of or access to the child. A stepparent may adopt the child of a deceased spouse: - ANS- A stepparent may adopt the child of a deceased spouse:
1. If the child has been living under the care and control of the stepparent for 6months, with the consent of the other natural parent OR
1. If the child has been living under the care and control of the stepparent for 1 year, can adopt even without the consent of the other natural parent
In either case, the adoption must be in the best interest of the child.
Example 5: Natural father lives in one part of state, stepfather has been caring for child since birth. Child has no relationship with natural father.

All these allegations are proven by clear and convincing evidence. Adoption of an Adult - ANS- Any adult may adopt another adult.

May be granted as long as it is consensual by both
An adult adoption does cut off the natural relationship between the adult adoptee and the adult adoptee's natural parents. [NOTE: when it is only in a child's adoption do you have the right to inherit carry forward unless it is specifically denied. In an adult adoption, it has the effect of specifically denying the inheritance between adult child and natural parents (on page 33 of lecture handouts)] Adoption: Generally - ANS- Texas does not have consensual adoption; there must be a termination of the parental rights of the natural parents, or the natural parents must be deceased.
The exception is when a parent's spouse is adopting within the marital relationship. Alternative Dispute Resolution - ANS- Arbitration
Mediation
Collaborative Law

Alternative Dispute Resolution: Arbitration - ANS- A neutral third party appointed by the court makes the determination for the parties.

May be binding or nonbinding on the parties
In binding arbitration, the arbitrator's determination it is binding on the parties. An arbitrator may not make a decision binding on the court. A court always has authority in an arbitrated suit to make the ultimate decision on the best interest of the child.

NOTE: judge either approves or disapproves of that arbitration report (on page 11 of lecture handouts) Alternative Dispute Resolution: Collaborative Law - ANS- Parties enter into a written agreement to use their best efforts and make a good faith attempt to resolve their differences and reach a resolution without judicial intervention.
Parties make disclosures to each other (in good faith) that they might not otherwise make.
Court will approve an agreement and give it judicial effect. The agreement must resolve all property division, conservatorship, and child support issues when applicable. -If the parties fail to reach an agreement and must resort to judicial intervention, the lawyers in the case must withdraw and the parties must employ new attorneys to proceed to trial.

and control of the child for at least _______ before the adoption in order for the adoption to occur. - ANS- one year Assessment Question: FILL IN THE BLANK. In Texas, a mother may voluntarily relinquish her rights to her child by a witnessed and notarized affidavit signed _______________________the birth of the child. - ANS- at least 48 hours after Assessment Question: FILL IN THE BLANK. With regard to domicile requirements in a divorce proceeding under Texas law, at least one spouse must have been domiciled in Texas for the _______________________________________________the divorce filing. - ANS- six months preceding Assessment Question: FILL IN THE BLANKS. A ceremonial marriage will still be valid under Texas law even when a person not authorized by statute conducts the ceremony if such person has the ________________________________________ and at least one of the parties to the marriage _____________________________ that the person had authority. - ANS- reasonable appearance of authority, believed Assessment Question: In order to involuntarily terminate a parent's rights, a court must find that termination is in the child's best interest under which of the following standards? - ANS- Clear and convincing evidence Assessment Question: In Texas, under which of the following circumstances will a man be presumed to be the father of a child? - ANS-

All 3 are true (A man will be presumed to be the father of a child under these 3 circumstances in Texas):

1. The child was born during the time the man was married to the child's mother or within 300 days of a marriage that ended by death, divorce, or annulment.
1. The man was married to the child's mother and after the child's birth voluntarily asserted paternity in a properly filed form.
During the first two years of the child's life the man lived in the child's residence and held himself out to others as the child's father. Assessment Question: In Texas, which of the professionals listed below has an obligation to report known past or present child abuse? - ANS- The following professionals listed below has an obligation to report known past or present child abuse:
1. Lawyers
1. Counselors
1. Doctors Assessment Question: In which of the following situations will the court entering the final SAPCR decree NOT have continuing, exclusive jurisdiction? - ANS- The court entering the final SAPCR decree does not have continuing, exclusive jurisdiction in the following:
1. The parents remarry each other.
1. The child turns 18.
1. The child moves to another county and resides there lawfully for at least six months.

Assessment Question: Under which of the following circumstances can a child NOT be adopted under Texas law? - ANS- When the adoptive parents are a same sex couple. Assessment Question: Which of the following cases may a court hear without having personal jurisdiction over both parties? - ANS- A suit for divorce Assessment Question: Which of the following constitutes a ground for personal jurisdiction over a nonresident respondent under the Texas long arm statute? - ANS- All of the following are grounds for personal jurisdiction over a nonresident respondent under the Texas long arm Statute:

1. Personal service on the respondent in Texas
1. The respondent previously resided with the child in Texas.
1. Sexual activity in Texas through which the child may have been conceived Assessment Question: Which of the following constitutes a void marriage under Texas law? - ANS- All three are void marriages under Texas law:
A marriage between an uncle and a niece who are related by blood
A marriage between an uncle and a niece who are related by adoption
A marriage between a step-father and step-daughter Assessment Question: Which of the following does NOT have standing to file a SAPCR suit under Texas law? - ANS- All of the following have standing to file a SAPCR:
1. A foster parent who has had custody of a child for at least 12 months

1. A child
1. A governmental entity Assessment Question: Which of the following is a TRUE statement with regard to the requirements for a marriage license under Texas law? - ANS- All three are true:
Parties may marry without parental consent if each has attained the age of 18.
If one party is between the ages of 16 and 18, that party must obtain the consent of at least one parent or court approval for the marriage.
The parties cannot obtain a license if at least one party has been divorced from someone else within the previous 30 days. Assessment Question: Which of the following is TRUE regarding the definition of a child under Texas law? - ANS- A person over the age of 18 is a child if the person has not graduated from high school and the parent must pay child support for that person. Assessment Question: Which of the following is TRUE regarding the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)? - ANS- All of the following are True:
1. The UCCJEA is only effective if the parents reside in separate states.
1. The home state is where the child has lived for the past six months at the time the suit is first filed.
1. The home state will have jurisdiction over a custody matter under the UCCJEA unless it declines to exercise jurisdiction.

Assessment Question: Which of the following is TRUE with regard to collaborative law in divorce matters? - ANS- All 3 are true:

1. The parties must act in good faith to resolve their differences without judicial intervention.
1. A court may approve and give judicial effect to a resolution reached by the parties.
1. If the parties fail to reach an agreement and must resort to judicial intervention, the lawyers for both parties must withdraw and the parties must find new counsel. Assessment Question: Which of the following is TRUE with regard to recovery of possession of a child through the remedy of habeas corpus? - ANS- The sole question for the court to consider is who has the superior right to possession of the child at that time. Assessment Question: Which of the following is TRUE with regard to the consequences of an obligor's violation of a court's child support order? - ANS- All 3 are true:
1. The obligor may face up to six months in jail, a $500 fine, or both.
1. The obligor may be put on probation for contempt for up to ten years.
1. The obligor may use her inability to pay as a defense. Assessment Question: Which of the following is TRUE with regard to the power of a court to grant a divorce under Texas law? - ANS- If a respondent fails to timely answer a petition for divorce, a court may grant a default divorce.

Assessment Question: Which of the following is TRUE with regard to the rights of a conservator not in possession of the child? - ANS- All 3 are TRUE:

1. The conservator generally has the right to consult with the child's doctor.
1. The conservator generally has the right to attend school activities.
1. The conservator generally has the right to confer with the parent in possession about decisions affecting the child. Assessment Question: Which of the following is TRUE with regard to the statutory tort of interference with child custody under Texas law? - ANS- All of the following are True:
1. Damages for actual costs and expenses, including attorneys' fees, may be recovered.
1. Damages for mental suffering and anguish may be recovered.
Damages for exemplary damages may be recovered in certain circumstances Assessment Question: Which of the following may be a factor in making the child custody determination under Texas law? - ANS- Any past incidences of domestic violence Assessment Question: Which of the following persons has standing to bring a paternity suit under Texas law? - ANS- All three are true (The following persons has standing to bring a paternity suit under Texas law):
1. The child

A best interest of the child determination must be attacked by attacking the discretion of the court. ["BITCH" standard is a discretionary standard with the court (on page 23 of lecture handouts)]
Preference to keep siblings (children of the same parent, even step- siblings) together [on page 23 of lecture handouts]
No preference can be given to parents due to their sex (male or female) or prior or current relationships
History of Violence: When proved by a preponderance of the evidence [that a party has engaged in family violence before or during the proceedings] can affect the decision regarding conservatorship of the children. (on page 23 of lecture handouts) Child Support: Defenses - ANS- An exception to payment of child support is inability to pay.
Another exception is that you had lawful possession of the child for the period of time when the support went into arrears. [you were the person with the actual physical, lawful possession of the child (on page 21 of lecture handouts)] Child Support: Enforcement - ANS- All final or non-temporary child support orders must provide for mandatory withholding order.
1. Self-Employed Obligor

1. Money Judgment
1. Suspension of License
1. Lien Attached to Property
1. Contempt Power of the Court
1. Probation Child Support: Generally - ANS- Parents have a duty to support their children.
Texas Family Code: Sets out a percentage of net income per child that is to be paid for child support

The parent living a part from the child has a duty to pay child support generally based upon the minimum tables found in the Code.

Duty to Support:

Generally to the age of 18, or graduation from secondary school, or had disabilities of minority removed. If lifelong disability was known before 18th birthday, potential for duty to extend for child's lifetime.
Includes both the amount of money from the table based on net income as well as the duty to provide medical support

NOTE: There are tables for self-employed people. It is difficult to determine net resources when the person is self-employed (on page 19 of lecture handouts)
EXAM NOTE: Texas Bar Examiners have consistently tested the statutory guidelines for determining the amount of support and which net resources are subject to an order for child support. (on page 21 of book outline) Child Support: Jurisdiction - ANS- 1) Interstate Enforcement
1. Continued Jurisdiction
1. Full Faith and Credit Child Support: Jurisdiction [1) Interstate Enforcement] - ANS- Uniform Interstate Family Support Act (UIFSA) [<-- Texas is a signatory (on page 21 of lecture handouts)]

Non-Texas order can be enforced in Texas through that act by someone registering an out of state order. [In Texas against one of our people living here (on page 21 of lecture handouts)] Child Support: Jurisdiction [2) Continued Jurisdiction] - ANS- If all parties are in Texas, a Texas court can render judgment.

If judgment was rendered in another state and one party or the child still lives there, then the state court with continuing jurisdiction there controls any modification actions.

EXAMPLE: Divorced in Oklahoma (OK). Mom and kid move to Texas. Dad stays in that court in Oklahoma. That court in Oklahoma will be the only one with the jurisdiction of that unless mom brings Oklahoma's judgment down to Texas and registers it in Texas (on page 21 of lecture handouts) Child Support: Jurisdiction [3) Full Faith and Credit] - ANS- All judgments are given full faith and credit provided that the original court issuing the same had jurisdiction over the subject matter and the parties involved in the case; and
The parties in that case were given notice of the suit and an opportunity to be heard, whether they came or otherwise appeared or not. Child Support: Later Marriage - ANS- If obligor remarries, the new spouse's income is not included in the net resources of the obligor.
If the obligee remarries and that marriage brings in more income to the child's household, that income does not provide any kind of set-off against the obligor's duty to provide child support.

Note: additional children of the obligor may affect child support obligation.

With disabled adult children, the duty and need are computed according to the tables. Contempt - ANS- Enforcement of Custody Orders

Texas Family Law Test Bank Questions & Answers Latest 2025-2026 Rated A, Exams of Law

Related documents

Partial preview of the text

Download Texas Family Law Test Bank Questions & Answers Latest 2025-2026 Rated A and more Exams Law in PDF only on Docsity!

Texas Family Law Test Bank Questions

and Correct Answers Latest 2025-

Rated A