Exam 12: Section 1: Juries and Judges As Decision Makers

Correct Answer:

Verified

Main points:
• The tender years doctrine preceded the BICS and was a predominant doctrine until the second half of the twentieth century.
• The tender years doctrine places custody of young and female children with the mother as a "natural caretaker."
• The BICS that is currently in place is much more vague than the tender years doctrine, and it is supposed to take the best interests of the child into account.
• As a result of the vagueness BICS, most decisions could still be made in line with the tender years doctrine without explicitly stating such.

Correct Answer:

Verified

Main points:
• Mediation is a process of helping the opposing parties reach a mutually acceptable agreement.
• Many states passed mandatory mediation laws that require the spouses to try mediation before litigation.
• Mediation saves money, de-escalates the conflict, often helps avoid the need for full psychological evaluation, and is faster than litigation.
• People might seek litigation if physical or psychological abuse was involved (to avoid the contact with the abuser) or if one of the spouses is not fully competent because of mental illness or substance abuse.

Correct Answer:

Verified

Main points:
• Physical custody refers to who the child resides with.
• Legal custody refers to who makes important decisions with regard to the child (which school to attend, which religion to be brought up in, etc.).
• The most common physical custody arrangement is sole custody by the mother (68%-88%), less common is sole physical custody by the father (approximately 8%-14%), and the least common arrangement is equal sharing (2%-6%).
• Joint legal custody arrangements are common and have increased in recent decades.