Family Law Flashcards
What was the effect of the marriage equality act?
common law & same sex marraige now valid
Who has legal capacity to marry? (3)
- 18 and over
- over 16 w/ consent of both parents
- over 14 w/ consent of parents and judge
What are the 4 conditions for validty of an antenuptual contract?
- writing
- signed (both parties)
- voluntary
- not unconscionable
- cant include agreement on divroce
What are the 3 rights of a non-marital child?
- inheritance from both parents
- sue for wrongful death
- financial/ economic support from both parents
What must occur for antenuptual contract to have effect?
couple must marry
What are the 3 conditions needed for a valid postnuptial contract?
- writing
- subscribed by both parties
- acknowledged/ recorded like deed
In paternity suit b/w mother and father, who needs to corroborate testimony regarding relations?
father must corroborate testimony/ evidence of mothers relations with other men
What 4 people can commence a paternity suit?
- mother
- child (or child’s guardian)
- state
- father
When must a paternity suit be brought? where?
- anytime prior to childs 21st bday
- in family court
What 4 people can commence a paternity suit?
- mother
- child (guardian)
- state
- father
How is DNA testing treated in paternity suits when result excludes father as medically impossible?
conclusive
What 5 actions will a court take if neglect is found?
- suspend judgement for 1 yr
- release child to parent
- place child in custody of suitable person
- make order of protection (guidelines to 4 parent to follow)
- return to parent after 1 yr placement outside home
What are the 4 grounds for finding permanent neglect?
- abandonment
- neglect
- abuse
- mental incompetence
Who is a juvenile offender?
- between 13-15
- committs serious of violent act
- may be heard in supreme/ family court
In an adoption proceeding, in what 4 instances is consent unnecessary?
- parents formally surrended child
- parent mentally incapacitated
- abandonment (6 mths or more)
- neglect
What are the 2 elements of neglect?
- conduct imposes imminent danger to child AND
2. conduct falls below the minimum degree of care of a reasonable parent in a similar situation
Who may adopt a child? (4)
- 2 married ppl
- single person
- married minor may adopt step-children
- married, seperated adult
What are the 4 defenses to adultery?
1, recrimination (D proves P was adulterous)
- condonation (spouse acquiesced)
- connivance (entrapment)
- SOL (5 years or SOL
What 3 steps will a court follow before confirming an adoption?
- obtain consent (or determine consent unecessary)
- investigate prospective parents
- conduct hearing
In an abortion proceeding, in what 4 instances is consent unnecessary?
- parents formally surrended child
- parent mentally incapacitated
- abandonment (6 mths or more)
- neglect
What are the 2 grounds for the declaration of nullity?
- incest
2. bigamy
What are the 5 grounds for a divorce action?
- cruel & inhuman treatment
- abandonment (1 yr or more)
- adultry (same rules as seperation)
- 3 yrs consecutive imprisonment
- conversion divorce (based on separation agreement)
- 5 yr SOL for divorce actions
What 3 types of evidence are required for dissolution of a marriage?
- diligent search
- publish request (in english speaking paper for 3 con weeks)
state for over 1 yr OR state matrimonial domicile when they disappeared)
Who may provide evidence of adultery? (3)
- 3rd party
- circumstantial evidence
- prostitute or private investigator
- no evidence allowed fr P
What are the 5 grounds for legal separation?
- cruel and inhuman treatment (mental or physical abuse)
- abandonment (no time req just show intent)
- adultery
- 3 yrs consectutive imprisonment
- failure to support
- 5 yr SOL for seperation action
Are professional licenses and educational degrees marital property?
yes if obtained during marraige
What are the 2 types/ forms of custody?
- physical
2. legal (decision making power)
What is the uniform child custody jurisdiction and enforcement act?
- home state of child has exclusive jurisdiction
- all other states must defer to home state
- home state = child lived with parent for 6 months or more consecutively
What are 2 reasons a child custody order could be changed/ modified?
- geogrphic move of parent
2. change in lifestyle of parent
What 6 methods will a court use to enforce maintenance/ support payments?
- seize assets and sell
- garnish wages
- revoke driviers license
- revoke professional license
- contempt of court
- counsel fees
What are the 6 categories of seperate property?
- assets owned prior to marriage
- bequest / gifts made to 1 party
- personal injury compensation
- anything agreed separate by parties
- appreciation of individual property (unless attributable to efforts of other spouse ex homemaker)
- anything acquired after separation/ divorce
What can court not consider when distributing property?
marital fault
What factors may a court use when determining spousal maintenance?
any relevant factors (ex age, health, earning capacity, duration of marriage)
How long must a biological parent support their child?
until 21 (may be longer based on academic/ finanical ability of child)
What 3 ways is a support/ maintence order terminated?
- court specific termination
- death of either party (parties may contract to support beyond death estate will provide)
- recipient remarries or cohabitates as if married
