Family Law

Question 1

What state’s law governs the validity of marriage under the traditional approach under First Restatement

Answer 1

Governed by the law of the state where the marriage was celebrated

Question 2

Validity and recognition of marriage under the traditional approach under First Restatement

Answer 2

• If the marriage is valid where it was celebrated, it is recognized in all other states
• If a marriage violates a particularly strong public policy of the domicile of either party, however, it will be invalid under the traditional approach

Question 3

Validity and recognition of marriage under the Second Restatement approach

Answer 3

If marriage was valid where it was celebrated, it will be valid everywhere unless the marriage violates the public policy of the state with the most significant relationship with the parties at the time of marriage

Question 4

Elements of a common law marriage

Answer 4

Parties…
- agree that they are married
- cohabit as married
- hold themselves out in public as married

Question 5

SCOTUS’s take on rights of unwed father

Answer 5

• Have a substantive due process right to have contact with the child and right to object to an adoption if the father has demonstrated that he is committed to fulfilling the responsibilities of parenthood

Question 6

Putative father registries

Answer 6

created by some jurisdictions for the purpose of determining the identity and location of putative fathers and providing notice in the event of an adoption

Question 7

Effects of putative father’s failure to register within a statutorily prescribed period of time

Answer 7

• Constitutes a waiver of his right to notice of the adoption
• Irrevocably implies consent to the adoption

*Termination in this way typically applies only to cases in which the father and child never developed a relationship

Question 8

UCCJEA

Answer 8

Uniform Child Custody Jurisdiction and Enforcement Act

Question 9

Purpose of the UCCJEA

Answer 9

Dictate which court has jurisdiction to decide child custody and visitation

Question 10

Initial Custody Determination (home-state jurisdiction)

Answer 10

A court has subject-matter jurisdiction if it is:
- the state in which the child has lived with a parent or guardian for at least six consecutive months prior to the custody proceeding, or since birth, if the child is less than six months old
- was the child’s home state in the past six months and the child is absent from the state, but one of the parents (or guardians) continues to live in the state

Question 11

When is significant-connection jurisdiction applicable?

Answer 11

If home-state jurisdiction is not met

Question 12

Significant-connection jurisdiction

Answer 12

A court may enter or modify an order if all of the following apply:
- no other state has or accepts home-state jurisdiction
- the child and at least one parent have a significant connection with the state
- there is substantial evidence in the state concerning the child’s care, protection, training, and personal relationships

Question 13

Exclusive continuing jurisdiction

Answer 13

Courts that make the initial ruling in a custody case have exclusive continuing jurisdiction over the matter until the court determines that:
- both parties no longer reside in the state
OR
- the child no longer has a significant connection to the state, and any substantial evidence connected to the child’s condition is no longer available in the state

Question 14

Best interest of the child standard: factors re: child custody

Answer 14

• Which parent was the primary caretaker of the child during the marriage, separation, and prior to the divorce
• wishes and child’s reasoning of older child if sufficiently mature

Question 15

Premarital agreement is enforceable if…

Answer 15

• there has been full disclosure of financial status (income, assets, and debts)
• the agreement is fair and reasonable
• it was voluntarily entered into (time pressure and opportunity to be represented by independent counsel)

Question 16

UPAA

Answer 16

Uniform Premarital Agreement Act

Question 17

To argue an agreement is unenforceable under the UPAA, the party must show at least one of the following:

Answer 17

• Involuntariness: fraud, duress, coercion
• Unconscionability when executed and lack of reasonable knowledge or disclosure of the other’s assets and obligations

Question 18

Separation agreements

Answer 18

Made between spouses who are planning for divorce to define property division, spousal support, child support, custody, and visitation

Question 19

How and in what way may a separation agreement be invalidated

Answer 19

• In whole or in part
• By one party showing unconscionability or fraud

Question 20

Property-settlement agreements

Answer 20

Settle economic issues of the marital estate

Question 21

Conflict of laws re: determining validity of a premarital agreement

Answer 21

States will apply either the law of…
- the state in which the agreement was executed
OR
- the state with the most significant relationship to the parties

Question 22

UIFSA

Answer 22

Uniform Interstate Family Support Act

Question 23

What does the UIFSA govern?

Answer 23

When a state has persona jurisdiction over an out-of-state parent in an action to establish or enforce child support or establish paternity

Question 24

Circumstances when a court will have personal jurisdiction over an-out-of-state parent

Answer 24

Parent…
- is personally served within the state or consents to jurisdiction
- resided with the child in the state in the past
- engaged in sexual intercourse in the state, and the child may have been conceived by that act of intercourse

Question 25

Most common type of child support guidelines

Answer 25

Income-shares model

Question 26

Courts may deviate from guidelines based on these factors:

Answer 26

• best interests of child
• age of child
• special needs
• assets of both parties
• standard of living during marriage

Question 27

When are child support modifications permissible?

Answer 27

When there is a substantial change in circumstances regarding the child’s needs or the parents’ financial situation

Question 28

Timing of child support modification

Answer 28

• courts will only modify the amounts from the date of the motion moving forward