Draft an opinion on who speaks for the boy, addressing the Family Court custody order:

One must qualify as tutor to sue in state court	7 points _______
Father is entitled to be natural tutor	7 points _______
as last surviving parent	7 points _______
and could still so qualify	7 points _______
But he would have to qualify	7 points _______
Federal court will generally recognize state-appointed tutor	7 points _______
but need not do so	7 points _______
Federal court may recognize the lawful custodian	7 points _______
PKPA states when full faith and credit are due a custody decree	7 points _______
Louisiana is not home state of child	7 points _______
Emergency jurisdiction is not favored	7 points _______
Ex parte orders are not entitled to full faith and credit	7 points _______
Federal court should not recognize this Louisiana custody order	7 points _______
UCCJA applies internationally	7 points _______
Is there a Cuban custody order?	7 points _______
It would be entitled to comity under Louisiana UCCJA	7 points _______
Cuba is home state of child	7 points _______
definition of home state	7 points _______
Test of custody in this case is not best interests, but unfitness	7 points _______

List the Article 134 factors a Louisiana court must consider when determining a child's best interests in an initial award of custody:

If parties can agree, agreement governs	6 points _______
Presumption of joint custody	6 points _______
with equal sharing of time	6 points _______
Love, affection and emotional ties	6 points _______
Capacity to give love, affection, spiritual guidance, education	6 points _______
Capacity to provide food, clothing, medical care	6 points _______
Continuity of stable environment	6 points _______
Permanence of the family unit of proposed custodial home	6 points _______
The moral fitness of each party	6 points _______
The mental and physical health of each party	6 points _______
Home, school and community history of the child	6 points _______
Reasonable preference of the child if of suitable age	6 points _______
Willingness to encourage relationship with other party	6 points _______
Distance between the respective parties	6 points _______
Care and rearing previously exercised by each party	6 points _______

A. Answer the following based on Prof. Ghetti's lecture on violence:

1. Seek a restraining order or refer to city or district attorney	6 points _______
2. Restraining order	6 points _______
Domestic Abuse Assistance Act, LRS 46-2130	6 points _______
3. There is no difference, as the Act still applies	6 points _______
4. Restraining order	6 points _______
Domestic Abuse Assistance Act, LRS 46-2130	6 points _______
5. Yes. The Act does not apply	6 points _______
6. Injunction under La. CCP 3601-2613	6 points _______
or a peace bond under applicable legislation	6 points _______
7. An ex parte temporary restraining order lasts for ten days	6 points _______
and may be renewed twice	6 points _______
for a total of not more than thirty days	6 points _______

B. Summarize the National Post article in one or two sentences:

Authors report women are just as violent to their spouses as men	6 points _______
Authors claim women more likely to initiate violence in a relationship	6 points _______

C. Summarize Barbara Dafoe Whitehead's article in one or two sentences:

Author reports that divorce is damaging to children	6 points _______
Author claims father absence is detrimental to children	6 points _______

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