Which of the following is currently the dominant standard for making custody determinations in the United States?
A) paternal preference
B) maternal preference
C) approximation rule
D) best interest of the child
D
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Indicate whether the statement is true or false
Your attorney calls from out of town and asks you to prepare a motion in a case on which you are working and further tells you to sign his name to the motion and get it filed with the court today. As the legal assistant you should respond to this request as follows:
A. Follow the instructions since the instructions are direct from the attorney. B. Tell the attorney it is improper for you to sign his name to the motion and that an attorney must review the motion before it is duly filed. C. Prepare the motion but take it to a lawyer in another firm for review before you sign the attorney's name. D. All of the above.
Jorge is meeting for the first time with his attorney to discuss his upcoming divorce action. He is confused by what he hears about alimony and property division as it all seems to go to the same place — his wife! Among other things, his lawyer is likely to tell him all BUT which one of the following?
A) If he has to pay alimony, the payments will be deductible but property division transfers will not be. B) If he files for bankruptcy, alimony will not be dischargeable but a pending transfer of property may be in some circumstances. C) Alimony tends to extend the relationship between the parties over time whereas property division is more likely to "cut the economic cord" between the spouses. D) He will likely be ordered to pay alimony if he has engaged in any kind of misconduct during the marriage.