Family Law

Question 1

Common Law Marriage

Answer 1

CACH

Capacity to enter agreement, a present AGREEMENT to be married, COHABITATION, and HOLDING OUT a marital relationship

(other states recognize is too)

Question 2

Fault-based divorce?

Answer 2

All states are no fault divorce states

Some state recognized fault-based grounds too

Question 3

Child Custody

Answer 3

BEST INTERESTS OF THE CHILD
1) Wishes of the child’s parents
2) Child’s primary caretaker
3) Mental and physical health of all individuals
4) Relationships between child and parents
5) Stability
6) Domestic Violence

Question 4

Modify Child Custody

Answer 4

substantial change in circumstances aka UNFORSEEN at the time of the initial judgment

Question 5

Child Support

Answer 5

(1) CHILD’S NEEDS & (2) ABILITY TO PAY

FORMULA (*** COURT MAY deviate if findings of fact to JUSTIFY DEVIATION)
1) # of Children
2) Ages
3) Special Needs
4) Parents’ Income

Question 6

Modify Child Support

Answer 6

1. SUBSTANTIAL CHANGE IN THE CIRCUMSTANCES so that the prior order is UNREASONABLE.
2. VOLUNTARY REDUCTION IN INCOME (NO or GOOD FAITH determination
3. NEVER RETROACTIVELY unless FRAUD or COMPELLING CIRCUMSTANCES

Question 7

Relocation of Parent & Child

Answer 7

IF (1) GOOD FAITH & (2) serve child’s BEST INTEREST = APPROVED

FACTOR VISITATION OF NONCUSTODIAL PARENTS v. BEENFITS of CHILD AND CUSTODIAL PARENT

Question 8

Decisions by a fit parent

Answer 8

decisions regarding medical care

Question 9

When does father have rights?

Answer 9

biological father has rights

state may make paret exercise right within speicifc time ( 2 years)

Question 10

Right of a person when someone wants to adopt child?

Answer 10

can oppose adoption peitition by another and is entitled to notice of such proceedings IF demonstrates “fulll commitment of parenthood”

Question 11

Third-Party Rights

Answer 11

custody = best tinterest of child

third party who wats custody must prove that parent is UNFIT and that granting custody would be HIGHLY DETRIMENTAL to the child

Question 12

Marital Property (majority approach)

Answer 12

acquired during the marriage

Question 13

Seperate Property (BIG)

Answer 13

property acquired BEFORE the marrriage, an INHERITANCE, or a GIFT to one party

PROFESSIONAL DEGRESS EARNED DURING MARRIAGE

Question 14

Premarital Agreement

Answer 14

1. voluntarily made
2. substantively fair, and if full dislcosure of the assets and obligations was made

NOT regarding child custody or support if not in best interest in child

Question 15

Alimony (Spousal Support)

Answer 15

Can be permant or temporary, or granted in lump sum

Question 16

To determine Alimony courts consider

Answer 16

parties’ financial resources and needs

marital contributions

marital duration

some states look at spousal misconduct, one spouse’s support for anotehr’s education etc.

Question 17

Who has substantial discretion in choosing to award alimony?

Answer 17

TRIAL COURT

Question 18

Modification and Termination of Alimony

Answer 18

Modify if SUBSTANTIAL CHANGE in CIRCUMSTANCES making it urneasonable - unforseeable

Terminates if spouse DIES or gets remarried (some states cohabitation will reduce or terminate alimony)

Question 19

What court can dissolve a marriage?

Answer 19

does not need jurisdiction over both spouses, if P spouse in domiciled in forum state that is enough or long term connections

Question 20

Which court may issue a property division order?

Answer 20

unless court has jurisdiction over D spouse, may NOT issue binding property division or support order

Question 21

Uniform Interstate Family Support Act (UIFSA)

Answer 21

governs child support
adopted by all states

once order registered in one state, may be enforced by ANY state

Question 22

Who has continuing and exclusive jurisdiction to modify?

Answer 22

state originally issued the child support order IF state remains residence of obligee, the child or the obligor and at least one of the parties does not consnet to J of another foum

Question 23

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

Answer 23

child custody

home state test (exclusive jurisidction to modify a custody decree) home state where child has lived for 6 MONTHS immedately before commencemnet of custody procceding - continues to have J for 6 months after child leaves the state, so long as parent still ived in state

Question 24

If child has no home state

Answer 24

signficant connections test
(1) significant connections with atl east one parent AND
(2) exitsence of sbstantial evidence relating to child custody in forum jurisdiction