Fam Law Mnemonic Flashcards
married a dim wit? be sure they know their ABCs
How can an already established informal marriage be proved?
DIM w/ ABCs (or 3Cs)
4. How can an already established informal marriage be proved?
DIM w/ ABCs (or 3Cs)
Declaration of Informal Marriage
with
Age, Bigamy, Consanguinity
or
no: Child, Currently married, Close blood relation
movies glorify drug use
What makes a marriage voidable/annulment?
AMMC
Junkie Permanently Impotent when FDF
What makes a marriage voidable/annulment?
AMMC
Junkie Permanently Impotent when FDF
Age, Mental incapacity, Marriage less than 72 hours after issuance of license - if brought w/in 30 days, Concealed divorce w/in 30 days of marriage
Alcohol or Narcotics (Junkie), Permanent Impotency, Fraud, Duress, Force - if at the time of the marriage any were present
*note: in all but minor & 72 hour rule, a party cannot annul if they voluntarily cohabitated after the situation was discovered
ACA? F Leaving Canada
What are the grounds for a fault based divorce (6 grounds)?
A
Cut
A1+
F1 (at least)
LA3 (at least)
CMH3 (at least)
What are the grounds for a fault based divorce (6 grounds)?
A
Cut
A1+
F1 (at least)
LA3 (at least)
CMH3 (at least)
Adultery, Cruel Treatment, Abandonment for more than 1 year, conviction of a felony (at least 1 year imprisonment), living apart for at least 3 years, confinement in mental hospital for at least 3 years
*note: the only defense is a denial of grounds
BIC is First, Primo, Elemental
What is the primary consideration in child custody determination?
BIC + F P E
What is the primary consideration in child custody determination?
BIC + F P E
Best interest of the child.
Courts also take into account:
1) Frequent contact with parents who act in the child’s best interest; 2) Provide a safe, stable, non-violent home environment
3) Encourage parents to share the rights and duties of parenthood.
PANDA BEDS minus A
What are the Holley Factors?
PAND BEDS (panda beds minus a for available assistance)
What are the Holley Factors?
PAND BEDS (panda beds minus a for available assistance)
When determining what is in the best interest of the child –
(1) the desires of the children; (2) the emotional and physical needs of the children, both now and in the future; (3) the emotional and physical danger to the children, both now and in the future; (4) the parental abilities of each individual seeking custody; (5) the plans for the children; (6) the stability of the home; (7) the acts or omissions of the parents which may indicate that the existing parent-child relationship is not a proper one; and (8) any excuse for those acts or omissions
* *note: B is Bad behavior = Acts or Omissions*
A RV for JR
When can a TPO can evict spouse from family home (Kick-Out Order)?
A
R30
V30
JR
When can a TPO can evict spouse from family home (Kick-Out Order)?
A
R30
V30
JR
(i) applicant appears in person files a sworn affidavit;
(ii) applicant must have resided on the premises within the past 30 days;
(iii) excluded person committed family violence agasint a member of the household within the past 30 days; and
(iv) applicant at least jointly owned or leases the residence.
a MAV loves time travel + R and R
What is the presumption of paternity in context of marriage?
B.C. 300
MAV
2 R & R
What is the presumption of paternity in context of marriage?
B.C. 300
MAV
2 R & R
A man is presumed to be the father of a child if:
1) the child is born (or conceived) during the marriage or w/in 300 days after the marriage is terminated; or
2) the man married the child’s mother after the child’s birth, & he voluntarily asserted his paternity by filing a record w/the bureau of vital statistics, agreed to be named on the child’s birth certificate, or promising in a record to support child as his own;
3) During the first 2 yrs of child’s life, he resided with the child & represented to others the child was his.
who thinks he’s too fabulous to be a parent
What grounds are sufficient for an involuntary termination of the PC relationship?
C FAAB NIC
What grounds are sufficient for an involuntary termination of the PC relationship? (8)
C FAAB NIC
(8)
use of controlled substance, failure to support child for one year, abuse, abandonment, statutory test (best interest of child), neglect, imprisonment for over 2 years, culpable acts toward any child
*note: proof by C&C ev.
clean house with VACCuum and clean body with P90x, BIC cleans everybody
How can the Parental Preference be rebutted?
VACC P90
and
appointment of nonparent is in the BIC
How can the Parental Preference be rebutted?
VACC P90
and
appointment of nonparent is in the BIC
(a) the parent has voluntarily relinquished actual care, control, and possession to a nonparent for 1 year, a portion of which was 90 days preceding filing of suit,
AND
(b) the appointment of the nonparent is in the best interest of the child
* *note: the parental preference DOES NOT APPLY to modification proceedings. This is because stability is particularly important in the modification context*
PANDA BODD
What factors does a court consider in the appointment of a managing conservator?
Statutory: BØDD
C/L: PANDA
What factors does a court consider in the appointment of a managing conservator?
Statutory: BØDD
C/L: PANDA
- Statutory:* Best interest of child, no discrimination based on gender or marital status, evidence of past domestic violence, evidence of false report of child abuse.
- CL:* Desires of child, child’s physical & emotional needs, parental ability, stability of home environment, parent’s plans & opportunities for the child, acts & omissions showing one is less-fit than other.
*note: Either party can request a jury determination which is binding on the court.
*note: Split custody is allowable but there is a strong preference to keep children together.
M C and L are roman numerals
What remedies are available for the enforcement of child support?
MMC LLL
What remedies are available for the enforcement of child support?
MMC LLL
All final orders for child support must provide for Mandatory withholding. The maximum amount is 50% of take-home pay. If obligor is self-employed he can be required to post bond.
Other remedies include Money judgment + 6% interest, Contempt, License suspension, child-support Lien for arrearages, Levy & execution of financial assets.
teens use the BISSell to clean up after yourself Because I Said So
How do you remove disabilities from a minor?
17: BISS
16: LA BISS
How do you remove disabilities from a minor?
17: BISS
16: LA BISS
17 year olds: (a) the removal of the legal incapacities related with being a minor is in the minor’s best interest, and (b) the minor is self-supporting and managing her own financial affairs.
For 16 year olds: same BISS rules except for an additional requirement: (c) the minor must be living separate and apart from his or her parents, MC, or guardian.
