Family law

Question 1

Full Faith and Credit for Child Support Orders Act

Answer 1

Full faith and credit must be given to the child support orders of a court in another state

Question 2

Uniform Interstate Family Support Act - Modification

Answer 2

The court that issues the controlling child support order has continuing and exclusive jurisdiction to modify. The role of a court in another state is only to enforce the original order unless no party resides in the issuing state or the parties consent to jurisdiction elsewhere.

Question 3

Parental Kidnapping Prevention Act

Answer 3

Full faith and credit must be given to another state’s custody or visitation determination if the Act’s jurisdictional requirements are met.

A state may not modify an issuing state’s 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.

Question 4

Uniform Child Custody and Jurisdiction Enforcement Act - Modification

Answer 4

The issuing court has continuing, exclusive jurisdiction over the child custody unless:

1. Neither the child nor the parents continue to reside in the state, or
2. 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 (only the issuing court can make this determination)

Question 5

Factors court’s consider in determining best interest of child for a custody and visitation schedule

Answer 5

1. The parent’s 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

Question 6

Uniform Child Custody and Jurisdiction Enforcement Act - Initial custody determination

Answer 6

Primary test: Home state jurisdiction

A court has jurisdiction to initially enter or modify a child custody order if the state:

1. Is the child’s home state (lived w/ a parent for at least six consecutive months), or
2. Was the child’s home state within the past six months and the child is absent from the state, but a parent or guardian continues to live in the state

Question 7

Common law marriage requirements

Answer 7

1. Capacity to enter into a marriage
2. Exchange of consent
3. Cohabitation
4. Holding out publicly of living together as spouses (common last name, joint bank accounts, telling others they consider themselves married)

Question 8

Adoption process

Answer 8

First, biological parents’ rights must be terminated.
Second, a new parent-child relationship must be created between the child and the adoptive parent.

• Generally, biological parent’s consent is required unless state statute says otherwise

Question 9

Under what circumstances will a third party be awarded custody?

Answer 9

Decision does not turn on the child’s best interest alone. Court must give great weight to interests of natural parent because they have right to raise their child. Unless parent voluntary relinquishes, their rights, the parent must be found to be unfit. And only under certain circumstances, such as abandonment, will a third party be awarded custody.

Question 10

Divisible divorce

Answer 10

An ex parte divorce generally can serve to grant only the divorce. There is no effect on disputes over marital property, unless the property is located within the rendering state. Otherwise, such disputes can be resolved only by a court having PJ over both parties.

Question 11

Premarital agreement

Answer 11

Must be in writing, voluntary, signed by the party to be charged, and based on full and fair disclosure of each party’s financial worth.

• Premarital property agreement: Must be fair and reasonable economic provisions for the claiming spouse (at time of entry)