Family Law Flashcards
Full Faith and Credit for Child Support Orders Act
Full faith and credit must be given to another court’s child support order if the court had jurisdiction over the matter and the parties, and the parties had reasonable notice and an opportunity to be heard.
Uniform Interstate Family Support Act
A court in State B may serve as an initiating tribunal to request the court of State A, which has continuing and exclusive jurisdiction over the support order, to enforce or modify the order issued in State A.
Parental Kidnapping Prevention Act
A state may not modify a custody order if one of the parties continues to reside in the issuing state and, under that state’s laws, the court continues to have and does not decline jurisdiction.
Uniform Child Custody and Jurisdiction Enforcement Act
The court that made the initial custody determination has continuing, exclusive jurisdiction over the matter until that court determines that: (a) neither the child nor the parents continue to reside in the state, or (b) the child no longer has a significant connection with the state and substantial evidence relating to the child’s care, protection, training, and personal relationships is no longer available in the state.
Child custody modification
Removal of a child from the jurisdiction is a substantial, material change of circumstances warranting modification of the custody order.
The court will follow the best interest of the child standard in fashioning a custody and visitation schedule.
Courts consider: (1) the parents’ wishes; (2) the child’s wishes; (3) the relationship of the child with each parent; (4) the child’s adjustment to home, school, and community; and (5) the mental and physical health of the parties
Child support modification
Child support is modifiable based on a substantial change of circumstances.
Jurisdiction for divorce
To establish jurisdiction over a divorce action, one of the parties must be a bona fide resident of the jurisdiction where the action is brought. The P’s resident alone may be the basis for a state’s granting a divorce, regardless of whether there is PJ over the D
Jurisdiction for property division
Generally, a court cannot determine out-of-state property rights or rights to support unless it has jurisdiction over both parties. In an ex parte divorce, the court can grant the divorce but cannot award spousal support or divide out-of-state property. There is a limited exception for martial property located within the state.
No-fault divorce
No-fault divorces may be granted upon a showing that the marriage is irretrievably broken and that the parties have been living separate and apart for a specified period of time.
The fact that one spouse thinks the marriage should be saved and does not agree that it has broken down is generally insufficient to prevent a divorce if the other spouse believes the marriage cannot be saved and is not interested in continuing the marriage.
Property acquired before marriage but paid for with marital funds
If property is acquired before the marriage but paid for after marriage with marital funds, most courts will apportion the property between separate and marital interests in proportion to the contribution of separate and marital funds used to pay for the property.
