Family Law

Question 1

Adoption:

Answer 1

adoption is a statutory procedure that terminates the rights of the biological parents and establishes the rights of the adoptive parents. In most states, parents also lose the right to visit their child after the visitation. Generally consent is needed from both parents to place the child up for adoption. However, if the child is born out of wedlock then the father’s consent is required when he has assumed parental responsibility.

Question 2

Withdrawal of consent for Adoption

Answer 2

Generally there are three different statutory approaches to a biological parent’s revocation of valid consent to an adoption. Consent is revocable up until the final decree, at the court’s discretion if in the best interest of the child, and if there is fraud or duress.

Question 3

Best Interest of the child

Answer 3

Generally, courts determine child custody based on the interestd of the child. Courts consider multiple factors to determine what custody order will serve the child’s best interests. Those factors are:
• Needs of the child to have meaningful relationship with the parents
• Ability and willingness of parents to actively perform their functions
• Interactions with anybody who may affect the child’s best interest
• Child’s adjustment to the child’s environment
• Physical/mental health of all involved
• Intent to relocate
• Wishes of the child’s parent as to custody
• Wishes of the child as to custody

Question 4

Jurisdiction

Answer 4

A court has jurisdiction to initially enter or modify a child custody or visitation order if the the state was the child’s home state or was the home state within the last 6 months and the child is now absent but the parent still lives there in the state.

Question 5

Home state

Answer 5

a child’s home state is the state in which the child lived with a parent for at least six months before commencement of the proceeding.

Question 6

Modification orders

Answer 6

In order to modify a child custody order, the parent must show that: 1. The circumstances have substantially changed; AND 2. The modification would be in the child’s best interests.

Question 7

Modification of other state’s orders

Answer 7

the court issuing the order has continuing exclusive jurisdiction. Another state can exercise jurisdiction if no child or parent is present in the issuing state or the child no longer has a significant connection with the issuing state and the substantial evidence relating to the matter is no longer available in that state.

Question 8

Parental Kidnapping prevention act(PKPA)

Answer 8

Under the PKPA, full faith and credit must be given to another state’s custody or visitation determination as jurisdictional requirements are met. If a child is removed from the original state then the custodial parent must file the custody order in the new jurisdiction.

Question 9

Uniform Child custody jurisdiction and enforcement act:

Answer 9

the purpose is to avoid jurisdictional disputes regarding child custody and visitation and to promote interstate enforcement of orders.

Question 10

Duty to pay Support

Answer 10

Parents have an absolute obligation to support their children. Federal law requires every state to provide guidelines to determine the proper amount of child support owed by a non-custodial parent, which must: consider income of non custodial parent, provide for child’s healthcare, be based on descriptive criteria.

Question 11

Jurisdiction/Uniform Interstate Family support Act

Answer 11

adopted by all 50 states provides methods of enforcement and guidelines for modifications of support orders. Original jurisdiction to enter a child support order is lies with the court where the first petition was filed.

Question 12

Modification of Child support:

Answer 12

In most states, a child/spousal support order can only be modified when there
is a substantial change in circumstances of either party making the prior order unreasonable.

Question 13

Common law Marriage

Answer 13

In jurisdictions that recognize common law marriage, the proponent of the marriage must prove that the parties:
1. Cohabitated for the statutory period;
2. Held themselves out as married; AND
3. Intended to be married.
If a valid CLM is formed in one state, it will be valid in another even if it is not recognized in that state

Question 14

Division of Property/classification

Answer 14

Some states follow the community property approach; however, most states have adopted the equitable distribution approach for division of property at divorce. The analysis is relatively similar under both approaches: 1. Categorize the property as separate or marital; THEN 2. Determine an equitable distribution of the marital property between the spouses.

Question 15

Separate Property

Answer 15

All property acquired by either spouse before the marriage; All property acquired by a spouse during marriage by gift, bequest, devise, or descent; All property either spouse acquires with the proceeds of the spouse’s separate property; All passive appreciation of separate property.

Question 16

Marital Property:

Answer 16

All other property acquired during the marriage

Question 17

Distribution of marital property:

Answer 17

Once the court categorizes the property as either separate or marital, the court will then equitably distribute the marital property between both spouses. Courts are afforded significant discretion in determining the equitable distribution of martial property at divorce. General factors include:
1. The income, property, and liabilities of each party;
2. The duration of the marriage;
3. The obligations for support arising out of a prior
marriage;
4. The lifestyle each spouse is accustomed to; AND
5. The contributions made by each spouse toward the
accumulation of marital property.

Question 18

Family Privacy

Answer 18

: Generally, internal affairs of a family cannot be regulated by the courts. Families have the right to privacy in their homes and freedom from government interference int their domestic affairs. Parents also have the authority to make decions about the upbringing of their child but certain state interests take precedence.

Question 19

Marital Agreements:

Answer 19

Under the Uniform Premarital Agreement Act, marital agreements can cover the disposition of property, the making of a will or trust, the cjoice of law and other matters not in violation of public policy like child custody and support. Parties can also make agreements as to alimony but those provisions can be voided if they leave a party disadvantaged.

Question 20

Paternity

Answer 20

Under the Uniform Parentage Act (UPA), the father-child relationship is established between a man and a child by: 1. An effective acknowledgement of paternity by the
man (unless rescinded or successfully challenged); 2. A valid adoption of the child by the man; OR 3. An adjudication of the man’s paternity.

Question 21

Spousal support:

Answer 21

Under the UMDA, a spouse is eligible for spousal support if the spouse seeking support: 1. Lacks property sufficient for his or her reasonable needs and is unable to support himself through appropriate gainful employment; OR 2. Is the custodian of a child that it would inappropriate for him to work.

Question 22

Modification of Spousal support

Answer 22

Only periodic spousal support can be modified, In order for there to be a modification, there must be a substantial change in circumstances

Question 23

Jurisdiction in divorce:

Answer 23

In order to have jurisdiction over a party in a divorce proceeding, only one of the parties has to be domiciled in the jurisdiction. For any financial issues like property rights or support, the court must have personal jurisdiction over the defendant.