Family Law

Question 1

Common-Law Marriages

Answer 1

Valid when the paries:
1. agree that they are married
2. cohabitat as married
3. hold themsleves out in public as married

Question 2

Conflict of Laws

Validity of Marriages

Answer 2

Determined by [applicable law]:
* the place where the marriage took place.

Validity :
* A marriage valid where entered will be given full faith and credit UNLESS it is against a significant public policy (e.g., bigamy, incest). of the jdx with the greatest interest in the marriage of the parties

Question 3

Adoption - Constitutional Rights of Unmarried Fathers and their Children

Answer 3

The right of an unwed father to object to an adoption CANNOT be denied if the father has demonstrated that he is committed to fulfilling the responsibilities of fatherhood

Question 4

Consent to Voluntary Termination of Parental Rights: Unwed Fathers

Answer 4

consent of unwed father is NOT required if FATHER:
1. fails to demonstrate commitment to fulfilling the responsibilities of fatherhood or
2. (in states with a putative father registry) **fails to register **as a putative father within statutory timeframe.

NOTE: termination in this case applies only to cases in which father and child never developed a relationship

Question 5

Voluntary Termination

Answer 5

• natural parent voluntarily relinquishes parental rights
• consent can be waived up until the final adoption decree is issued

Question 6

Consent to Voluntary Terminationof Parental Rights

Putative Father Registries

Answer 6

WHAT:
* adoption registries

WHY: for purpose of
* determining identity and location of putatitve father
* providing notice in event of adoption

Question 7

Effect of Father’s Failure to Register with Putative Father Registry

Answer 7

A father’s failure to register within a statuorily prescribe period of time:
1. constitues waiver of right to notice of adoption
2. irrevocably implies consent to adoption

Question 8

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

Answer 8

A court has SMJ to preside over custody hearings and either enter or modify custody or vistation orders if
[in order of priority]:
1. the state is the child’s home state.
2. if no home state, state with significant-connection to child at at least parent.
3. if no home state or significant-connection, state with appropriate connections to child.

Question 9

Home State Jurisidiction under UCCJEA?

Answer 9

A court has SMJ to enter or modify custody or visitation orders if it is the child’s home state, which is determined as:

1. the state the child has lived with a parent for six consecutive months prior to the child custody proceeding
   (or since birth, if child is less than 6 months old);
   OR
2. the state that was the child’s home state in the past six months and the child is absent from the state (e.g., moved),
   BUT one of the parents (or guardians) continues to live in the state.

Question 10

Significant Connection Jurisdiction under UCCJEA

Answer 10

A court an enter or modify an order if:
1. no other court has or accepts home state jdx;
2. the child and at least one parent have a significant connection with the state; and
3. there is substantial evidence in the state concerning the child’s care, protection, training and personal relationships.