Family

Question 1

Elements of common law marriage

Answer 1

CHIC

1. Capacity
2. Hold themselves out as married
3. Intent: both intend to be married
4. Cohabitation

Question 2

Uniform Child Custody JDX and Enforcement Act UCCJEA

Answer 2

State that has JDX for visitation, custody orders, etc:
• home state: 6 months’ residence or from birth (if a 4m old)
• moved way less than 6m ago and one parent still there
• If not #s 1 or 2: any sate where child and at least 1 parent has significant connection and there is evidence.

Question 3

Family Law: exclusive continuing JDX, who has it?

Answer 3

Court that made initial custody ruling keeps JDX UNLESS:

1. both parents stop living in the state, OR
2. If Child no longer has significant connection and there is no sbntatial evidence connecting child with the original state

Question 4

Criteria for granting custody and visitation

Answer 4

BEST INTEREST OF CHILD. LMITS:

1. cannot consider race or religion
2. can ask child
3. legal parents presumptively entitled to custody
4. SPECIAL WEIGHT to parents’ desires for custody (otherwise unC)

Question 5

When does an unwed biological dad have rights to contact with child

Answer 5

If shown any commitment to raising child