Family Law Flashcards
(18 cards)
Marriage Validity
Capacity, license, ceremony
Common Law Marriage
capacity
agreement to be married,
cohabitation,
and holding out a martial relationship
Divorce
No fault divorce or fault ground divorce (adultery)
Custody determinations
custody is determined by looking at the best interest of the child.
Custody modifications
Custody can be modified only if there is a substantial change in circumstances
Child Support
All states have numerical guidelines and establish a rebuttable presumption that the award that results from applying the guidelines is correct.
Relocation of a parent and child
Generally, a move sought in good faith that will serve in the child’s best interest will ordinarily be approved.
Rights of a parent when another person wants to adopt a child:
an involved parent who demonstrates a “full commitment to the responsibilities of parenthood”
Third-party rights
Custody in the parent is presumed to be in the best interest of the child. To rebut this, a third party who wants custody must prove that the parent is unfit or that granting custody to the parent would be highly detrimental to the child.
Property Division cannot be
modified or changed!!
Separate Property (majority approach)
property acquired before the marriage,
an inheritance,
or a gift to one party.
Anything agreed upon in the prenup
Prenups are valid when
voluntarily made,
substantially fair and reasonable,
and if full disclosure of assets.
A court will not, however enforce a premarital agreement regarding child custody or support if it is not in the best interest of the child
Alimony
can be permanent, temporary, or granted in a lump sum.
Modification and termination
Alimony awards may be modified if a court finds there has been a substantial change in circumstance
Which court may dissolve a marriage
The court does not need jurisdiction over both spouses to terminate a marriage. If the plaintiff spouse is domiciled in the forum state or if the state has some other equivalent
long-term connection between at least one of the parties to the marriage, then that court has jurisdiction to dissolve the plaintiff’s marriage.
Which Act governs Child support
The Uniform Interstate Family Support Act (UIFSA) governs child support. Once an order is registered, it may be enforced by any state. The state that originally issued a child support order has continuing exclusive jurisdiction to modify.
What act governs Child custody orders
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) applies.
What two test are used for the UCCJEA
A “home state” is a state where the child has lived with a parent or a person acting as a
parent for at least six consecutive months immediately before the commencement of the
child custody proceeding.
The significant connections test: if a child has no home state, a state may exercise jurisdiction based on (1) “significant connections” with the child and at least one parent and (2) the existence of “substantial evidence” relating to child custody in the forum jurisdiction
