Chapter 8 - Family Law - Terminology Flashcards
intentional termination of a pregnancy through medical intervention
abortion
parents who have adopted a child, as distinct from “birth parents”
adoptive parents
a written document signed by a person stating his or her desires concerning health care, often appointing a surrogate to exercise judgment as to the extent of medical procedures
advance directive for medical decisions
an adoption arranged by a n adoption agency, typically for a fee
agency adoption
regular payments of money to a former spouse as required by a court that grants a divorce
alimony
judicial dissolution of marriage on the ground that valid marriage did not take place
annulment
medical procedure in which semen is injected into a woman’s vagina in order to achieve pregnancy
artificial insemination
sums charged by a lawyer for representation of a client
attorney’s fees
the doctrine under which custody of a child is awarded to the parent who is better able to foster the child’s best interests
best interests of the child test
the male and female who are biologically responsible for conceiving a child
biological parents
the laws of a church
canon law
a marriage celebrated in conformity with requirements of law
ceremonial marriages
a parent’s removal of his or her child from jurisdiction of the court in order to obtain custody either by self-help or from a court in another jurisdiction
child snatching
financial obligation of a parent to support a minor child
child support
amount required to be paid (by agreement or court order) for support of minor children
child support requirements
a child born of parents who were not marriage at the time the child was born and who did not subsequently marry one another
child-out-of-wedlock
young children; pre-teen children
children of tender years
a legally sanctioned same-sex relationship carrying all of the rights and duties of marriage
civil unions
marriages recognized at common law simply on the basis of cohabitation
common law marriages
property acquired by a husband and wife during their marriage, other than property acquired by gift or inheritance, in a state that has community property laws
community property
states (primarily western US) that have community property laws
community property states
the right of companionship an services that each spouse has in relation to the other spouse
consortium
any action that embarrasses, hinder, obstructs or is calculated to lessens the dignity of a court of law
contempt of court
in family law, the recognition that marriage not only involves a contractual relationship but also, because of the state’s interest in the institution of marriage, results in a contractual status
contractual status
a parent that has legal custody of a minor child
custodial parent
legal termination of a marriage through divorce or annulment
dissolution of a marriage
termination of a marriage by a court judgment
divorce
a divorce from bed and board; a divorce judgment that does not legally terminate a marriage
divorce a mensa et thoro
an agreement between two persons of the same sex to live and cohabit together
domestic partnership
a written document in which a person (the principal) designates another person to act as an agent for specified purposes, especially for the making health care decisions. The “durable” characteristic means the power of atty remains effective even if the principal becomes incapacitated
durable power of attorney
laws that allow persons considered legally incapable of entering into legal transactions to enter contracts and other legal transactions. In past decades applied to married women
emancipation acts
a distribution of property that is fair, just and reasonable
equitable distribution
medical measures to prolong life beyond ordinary feeding and care–for example a medical respirator
extraordinary life-sustaining measures
in family law, the requirement that one spouse must prove the other spouse to be at fault before a court grants a divorce
fault concept
placing a child in the care of persons who perform the duties of a parents, usually under supervision of a social welfare agency
foster care
court action requiring a party (garnishee) who is indebted to a person to withhold payment a pay a sum over to a creditor (garnishor) who instituted garnishment proceedings
garnishment
a method of surrogate parenthood where the sperm of a married man is artificially united with the egg of his wife and the resulting pre-embryo is implanted in another woman’s womb
gestational surrogacy
the right of grandparents to visit their grandchildren
grandparents’ visitation
a child born out of wedlock
illegitimate child
a technique whereby human ova are placed in a laboratory dish with human sperm, and after fertilization the embryo is transferred into the uterus of a woman who is t observe as surrogate mother of the developing fetus
in vitro fertilization
a non-custodial parent’s removal of his or her child to another state usually to attempt to escape the exercise of jurisdiction by the courts of the child’s residence
interstate abduction
conflicting claims of jurisdiction between courts in different states concerning control and supervision of children
interstate disputes concerning child custody
unable to be repaired (as in marriage)
irretrievably broken
shared responsibility of divorced parents concerning control and supervision of children
joint custody
court proceeding resulting in appointment of a guardian to exercise control over a ward, the ward’s property, or both
legal guardian
an agreement whereby parties agree to live separate or apart from one another OR a court order providing for spouses to live separate from one another, often making provisions for support of a spouse and children but not dissolving the marriage
legal separation
artificial means of sustaining life
life support systems
a document enforceable in court stating a person’s wishes regarding the use of extraordinary medical treatment in the event that person is injured and is unable to communicate
living will
payment of alimony at one time rather than a continuing basis
lump sum alimony
property acquired by spouses, other than by gift or inheritance, during their marriage
marital property
a special contractual relationship formed according to law between a man and a woman that results in the regulation of the social and economic status of the parties by law
marriage
place where a husband and a wife live during their marriage
matrimonial domicile
an informal, non-adversarial process whereby a neutral third persona facilitate resolution of a dispute between parties by exploring issues and settlement alternatives
mediation
a court judgment revising previous court-ordered arrangements for control and supervision of minor children
modification of custody
a court judgment dissolving a marriage without the necessity of one spouse’s proving the other spouse to be at fault in the marriage
no-fault dissolution of marriage
right of parents to deny visitation rights to grandparents and others
parents’ rights of privacy
biological fatherhood
paternity
requirement to pay alimony on a permanent basis
permanent alimony
contracts entered into by a husband and wife settling their property rights upon death of one party or in the event of divorce
post-nuptial agreements
a fertilized ovum or zygote
pre-embryo
contracts entered into by a man and woman before their marriage settling their property rights upon death of one party or in the event of divorce
prenuptial agreements
the place where a child remains with a parent who has custodial responsibility for the child
primary physical residence
an adoption arranged by a private intermediaries, usually by a doctor and lawyer
private placement adoption
a contract entered into by married persons providing for disposition of their assets and liabilities. In most instances the agreement becomes effective upon approval of the court, upon dissolution of the parties’ marriage
property settlement agreements
a man who is regarded to the the father of a child although paternity has not been established
putative father
statutory method whereby the states cooperate in enforcing legal obligations of support of dependents. Involves proceeding in an initiating state and responding state
reciprocal enforcement of support obligations
a court-ordered sum paid by one spouse to the other to enable the recipient to become financially self-sufficient. Usually paid for a definite number of months or years.
rehabilitative alimony
modern medical devices that assist in achieving pregnancy
reproductive technology
legal requirements that parties have resided in a jurisdiction for a minimum period of time before voting, running for office, marrying or receiving certain benefits to which residents are entitled
residence requirements
the court-ordered right of a non-custodial parent to visit with his or her child
right of visitation
right to be let alone, that is, free from governmental interference
right to privacy
marriages between persons of the same sex
same-sex marriages
an allowance that a court orders paid to a wife who is living apart from her husband in order to provide for the wife and the parties’ children
separate maintenance
without regard to the sex of a party
sex-neutral basis
a court-ordered relationship in which both parents retain their parental rights and responsibilities with respect to their child and are to confer with each other on major decisions affecting the child’s health, education and welfare
shared parental responsibility
court-ordered interest in an asset awarded to a spouse based on his or her superior contribution to a particular marital asset
special equity
adoption of a child by the spouse of the child’s natural parent, usually with consent of the child’s natural parents
stepparent adoption
decisions by a relative or surrogate in respect to health care matters for an incapacitated individual. Judgment presumably is exercised on the basis of the decision-maker’s view as to the decision the incapacitated individual would ordinarily make
substituted judgment
one who acts in the place of another
surrogate
a woman who relinquishes her parental rights as the biological mother of a child she has delivered as a result of having been artificially inseminated
surrogate motherhood
a court judgment declaring an end to a natural parent’s rights over his or her child
termination of parental rights
impregnation of a woman with the sperm of a married man with an understanding that the child to be born is to be legally the child of the married man and his wife
traditional surrogacy
common law doctrine whereby courts treated a husband and wife as one person for legal purposes. Generally discarded today.
unity concept of marriage
a minor or incapacitated person placed under guardianship by a court
ward
