Family Law

Question 1

Best interest of the child

Answer 1

standard applied to issues involving children

Question 2

Marriage requires

Answer 2

license and ceremony by judge, state official, religious organization, or marriage party

Restrictions: lineal relation, already married, under the influence, mentally incapacitated, under 16, age 16-18 with parental consent

Question 3

Common law marriage

Answer 3

living together as married prior to 1/1/2005

“holding themselves out”

Question 4

Annulment

Answer 4

Either party may have marriage declared void

VOID: 3rd party can challenge for 60 days if bigamy, incest, or age is issue

VOIDABLE: event affects adequacy of consent (intoxication, mental state)

equitable dist. available

factors: length, children

Question 5

Grounds for Divorce

Answer 5

Fault based grounds and No Fault grounds

Question 6

Requirements for Divorce

Answer 6

Need subject matter jurisdiction, personal jurisdiction, venue, and grounds

Question 7

Personal Jurisdiction for Divorce

Answer 7

Court only needs personal jurisdiction over 1 party for divorce

Need personal jurisdiction over both for support, custody

Based on domicile: residence plus intent to remain

Must have PA domicile for 6 months

Question 8

Fault base Grounds for divorce

Answer 8

Only need one party consent

adultery, cruelty, desertion(1 yr), bigamy, imprisonment(18 months), indignities, institutionalization(18 monts prior/18 months after)

Question 9

No Fault Grounds for Divorce

Answer 9

Marriage is “irretrievably broken” and “no prospect of reconciliation”

Mutual consent - Court can grant after 90 days

Unilateral consent - lived separate and apart for 1 year

Question 10

Equitable Distribution

Answer 10

All marital property distributed based on statutory factors.

Question 11

Marital Property

Answer 11

All property acquired after the marriage

Increase in value to separate property

EXCEPT: acquired by gift, inheritance, after separation, veterans benefits

Question 12

Separate Property

Answer 12

Acquired before marriage OR

Excluded by agreement, acquired by gift except gifts made by marriage partner, inheritance, after separation, veterans benefits, award or settlement for cause of action from before marriage

Question 13

Transmutation and Commingling

Answer 13

transmutation – marital property made separate based on intent of parties

commingling – separate property made marital due to “inextricably mingled”

Question 14

Spousal Support

Answer 14

paid to “economically disadvantaged” spouse

Court weighs factors (need and fault)

periodic – indefinite, ends on death/remarriage, not deductible or taxable by either party

lump-sum – useful for complete severance of ties;

rehabilitative – (favored) – periodic payment for specified time, to aid until no longer economically disadvantaged

Question 15

Four types of Spousal Support

Answer 15

1. Periodic
2. Lump-sum
3. Rehabilitative
4. Alimony Pendente Lite

Question 16

Alimony Pendente Lite

Answer 16

automatically granted

Assists disadvantaged spouse with costs during separation

Question 17

Marital Agreements

Answer 17

Basic contract principles apply

Court will enforce if full disclosure of finances, fair and reasonable, and voluntary

Question 18

Child Support

Answer 18

Right that belongs to children.

Both parents legally required to support.

PA uses the income share approach by looking at both parent income.

PA uses standard guidelines. Modification is high standard-requires material and substantial

Ends when child turns 18 or graduates high school

Tax consequences: tax neutral (not income, not deductible)

Question 19

Paternity

Answer 19

Marriage intact : irrebuttable presumption

Marriage not intact: presumption can be overcome but court will determine if doctrine of paternity by estoppel applies

Question 20

Doctrine of Paternity by Estoppel

Answer 20

Court declares paternity for best interest of child

Question 21

Child Custody

Answer 21

Best interest of child - presumes parents are best unless unfit

Court looks at 16 statutory factors to determine

Question 22

Legal custody

Answer 22

right to make major decisions

Question 23

Physical Custody

Answer 23

physical placement of the child

primary – having child the majority of the time

partial – having the child less than majority

Question 24

Jurisdiction for Custody

Question 25

Partial Custody

Answer 25

Any fit, non-custodial parent unless negative impact on physical/mental health of child.

Question 26

Grandparent custody

Answer 26

Relationship began with parental consent, willing to assume responsibility, child at risk

Question 27

Third Party Visitation

Answer 27

Court may give when long-standing relationship exist

Grandparents may seek when parent deceased, marriage dissolved, or child resides with them

Question 28

Guardian Ad Litem

Answer 28

Guardian Ad Litem (GAL) attorney appointed for child, advocate for child preference, paid for by parties

Question 29

Relocation of parent when custody involved

Answer 29

Can occur if all parties agree or court agrees. Must give 60 day notice

Question 30

Adoption

Answer 30

Legal action that extinguishes parental relationship

Adopted children have all rights of biological children.

Children over age of 12 must consent

Question 31

Protection from Abuse

Answer 31

Protection from Abuse (PFA) – courts have broad discretion to grant relief

Hearing within 10 days, PFA can last 3 years

Against intimate partner or family member

Violation of PFA – court’s contempt power