Family Law

Question 1

PKPA

Answer 1

Parental Kidnapping Prevention Act

Grants full faith and credit to one state’s child custody jurisdiction

Question 2

Fault Grounds for Divorce

Answer 2

Adultry
Bigamy
Cruelty
Desertion
Habitual Drunkeness
Imprisonment
Indignaty
Mental Disorder

Question 3

Factors in determining physical custody

Answer 3

Presence of Domestic Abuse
Child’s primary caregiver during:
* marriage
* seperation
* divorce

Question 4

Divisible Divorce

Answer 4

Court may grant a divorce but lack personal jurisdiction over the second spouse such that it could grant spousal support or divide property.

Personal jursidiction requires “minimal contacts” with the state and must be fair and equitable.

Question 5

UCCJEA

Answer 5

Uniform Child Custody Jurisdiction and Enforcement Act

Question 6

Does a voluntary reduction in income automatically preclude a modification of child support?

Answer 6

No, but it cannot be the only measure courts rely on. Other factors to be considered:
* Parents’ earning capacity
* Impact on child
* Future promotion capacity
* Other relevant factors

Question 7

Does UIFSA apply to divorce related property disputes?

Answer 7

NO, standard jurisdictional rules apply

i.e. subject matter jurisdiction

Question 8

When can a second state modify a child support order under UIFSA?

Answer 8

Only if the parties (including child) no longer live in the original state OR
Express consent of all parties.

Question 9

What is UIFSA?

Answer 9

Uniform Interstate Family Support Act