Family Law Flashcards
Payment for Necessities
Most states - spouse liable to creditor who provided necessities to other spouse (food, clothing, shelter).
States split on whether medical expenses are necessities. In states where they are, spouse is only liable to extent that debtor spouse is unable to pay.
Law governing jurisdiction for adoption matters
UCCJEA
Uniform Child Custody Jurisdiction and Enforcement Act
Factors for equitable distribution
- Income of each
- Separate property of each
- Duration of marriage
- Earning capacity of each
- Age of each
- Lifestyle
- Services provided by spouse who stayed home or put career on hold
When does marital property stop accruing?
Some states: once permanently separated
Other states: when final divorce decree is entered
What are the factors for child custody determination? What are the excluded factors?
Best interests of the child
- Wishes of parents
- Wishes of mature child
- Age and mental/physical condition of each parent
- Finances
- New partners
- Effect on relationships with extended family
- History of domestic violence
- Stability of home and school environment
- Other factors the court deems equitable
Cannot award or deprive custody based on lifestyle, values, or religious beliefs; MAY consider if they would endanger the child.
Sexual behavior, by itself, cannot be used to deny custody.
Limitations on right to control child’s upbringing
Government may limit parental rights and decision if they will
* jeopardize health/safety of child (e.g., refusing lifesaving medical treatment)
* have a potential for significant social burden (e.g., spread of preventable contagious disease)
How is paternity established?
- Birth certificate
- Legal presumption
- Unmarried father successfully challenges legal presumption
- Unmarried parents voluntarily sign acknowledgement of paternity
- Paternity suit
- Paternity by estoppel (held himself out as father and paid support = assumed parental responsibilities and is therefore estopped from denying paternity)
How and under what law does a court establish PJ over a nonresident to establish/enforce a child support order or determine parentage?
UIFSA - Uniform Interstate Family Support Act
- Personal service within state
- Consent or waiver
- Resided with child in state
- Resided in state and provided prenatal expenses/support
- Child resides in state as result of acts/directives by individual
- Engaged in sexual intercourse in state and child may have been conceived then
- Asserted parentage in putative father registry
OR - Another Constitutional basis to exercise PJ
Can prior spousal support award be reinstated?
Most courts will not reinstate prior alimony award terminated by annulled marriage, especially if person seeking reinstatement was party who obtained annulment.
What is standard to rebut presumption of parental fitness in child custody?
Clear and convincing evidence of conduct endangering child (abuse, neglect, abandonment, or mental incompetence)
When will court permit relocation of custodial parent and child?
If relocation made in good faith AND in best interests of child.
Court will balance effects on visitation with benefits of relocation.
