Family Law Flashcards
What court has original jurisdiction in a child support action?
The court where the first UIFSA petition is filed, or another court where (1) a second petition is filed before the time to answer the original petition expires (2) petitioner objected to jdx. in the first action (3) second state is the child’s home state
When does exclusive/continuing jurisdiction to modify a child support order terminate?
When no party remains in the state or parties consent to jurisdiction elsewhere
What is a child’s “home state”?
A state where the child resided with a parent for six months immediately preceding the filing of an action
When does home state jurisdiction apply in actions for child custody?
In the child’s home state, or in a state which was the child’s home state in the past six months and where one of the child’s parents continues to reside
If no home state jurisdiction exists, where may a child custody order be entered or modified?
In any state with a substantial significant connection to the child and at least one parent, AND where there is substantial evidence concerning the child
When does the state issuing a child custody order not have continuing/exclusive jurisdiction?
When no child or parent resides in the state OR the significant connection/substantial evidence no longer exists in the state (as determined by the state)
What is the standard governing modification of child custody orders?
The burden is on the moving party to show a substantial and material change in circumstances affecting the wellbeing of the child
What standard governs the ability of a third party to seek custody of a child?
The parent/parents have a Constitutional right to raise their child which cannot be lost absent voluntary relinquishment or a showing of unfitness/harm to the child.
When is a child considered the legal child of an unwed father?
When the parents are married after the birth, when the father’s paternity is established in a parentage action, when the father holds the child out as his biological child, when the father consents to be named on the birth certificate, when the father acknowledges paternity in a notarized/formal document
When do unwed fathers have custody rights?
When they assume parental responsibility (or indicate an intent to do so, for newborns)
What is required for a valid marriage?
1) A license
2) A ceremony by an authorized officiant
3) No legal impediments (legal impediments void marriage)
4) Capacity to consent (lack of capacity renders marriage voidable)
What are the elements of a common law marriage?
1) Consent to marry and a lack of legal impediments
2) Cohabitation
3) The couple holds themselves out publicly as spouses
What must be shown for a pre-marital agreement to be enforceable as to the division of property/alimony in the event of divorce?
The agreement must be…
1) In writing, signed by the parties
2) Entered into voluntarily, without fraud/duress/overreaching
3) Based on a full and fair disclosure of each parties assets (or evidence of independent knowledge of the assets)
What are the factors considered by the court in awarding alimony?
The standard of living during the marriage, the duration of the marriage, financial resources of each party (including marital property awarded to each party), the contribution of each party to the marriage, time needed to obtain education/employment, the ability of the payor to meet their needs, marital fault
What is considered separate property in a system of equitable division of marital property?
Property owned before marriage, property inherited prior to or during marriage, property acquired in exchange for separate property, income earned from or appreciation of separate property, damages for pain/suffering
