Family Law

Question 2

What happens if the consent to a marriage was fraudulently obtained?

Answer 2

The marriage will be void from the time its invalidity is declared by a court.

Question 3

Under the traditional rule, what happens to premarital gifts conditioned on marriage if the breakup is not the donor’s fault?

Answer 3

The gift is returned to the donor.

Question 4

What is the modern view on the return of premarital gifts conditioned on marriage?

Answer 4

Such gifts are returned to the donor regardless of fault.

Question 5

Why are contracts that restrain or promote marriage generally disfavored?

Answer 5

The right to marry is a fundamental right.

Question 6

Is a bigamous marriage recognized by any state?

Answer 6

No state recognizes the validity of a bigamous marriage.

Question 7

What is the ‘Removal of Impediment’ doctrine?

Answer 7

An invalid marriage may be validated upon the removal of the impediment.

Question 8

What does the presumption of validity state regarding multiple marriages?

Answer 8

The last of several marriages will be presumed to be valid unless strong evidence shows otherwise.

Question 9

What constitutional right did the Supreme Court determine regarding same-sex marriage?

Answer 9

Same-sex marriage is a constitutional right.

Question 10

What is the status of incestuous marriages?

Answer 10

Incestuous marriages are treated as void.

Question 11

What is the minimum age to marry in nearly every state?

Answer 11

18 years of age.

Question 12

Under what conditions may minors marry in some states?

Answer 12

With parental consent or judicial approval.

Question 13

What makes a marriage voidable?

Answer 13

One party being physically unable to consummate the marriage and the other party being unaware.

Question 14

What constitutes a fraudulent marriage?

Answer 14

A material misrepresentation that affects the essentials of the marriage.

Question 15

What are the three requirements for a valid marriage?

Answer 15

• Obtain a marriage license prior to the ceremony
• The marriage is solemnized by an authorized person
• Both parties consent.

Question 16

What is required to establish a common law marriage in jurisdictions that recognize it?

Answer 16

• Cohabitation for the statutory period
• Holding themselves out as married
• Intent to be married.

Question 17

What is the general enforceability of premarital agreements?

Answer 17

They are enforceable if in writing, signed, executed after full disclosure, and voluntary.

Question 18

What must be proven for a premarital agreement to be unenforceable under the UPAA?

Answer 18

• Not voluntary
• Unconscionable when executed
• Lack of fair disclosure.

Question 19

How do courts generally decide child custody in premarital contracts?

Answer 19

According to the best interests of the child at the time of the custody hearing.

Question 20

Can a premarital contract adversely affect a child’s right to support?

Answer 20

No, such agreements are unenforceable.

Question 21

What is the status of premarital agreements that limit a spouse’s support during marriage?

Answer 21

They are generally void as against public policy.

Question 22

What is the unity theory of marriage?

Answer 22

The legal identity of the wife disappears, and the husband controls virtually all property.

Question 23

What does the necessaries doctrine imply?

Answer 23

Husbands were legally responsible for supporting their wives, allowing wives to purchase necessaries on credit.

Question 24

What is annulment?

Answer 24

A judicial declaration that a marriage never existed and was invalid from the start.

Question 25

What are common grounds for annulment?

Answer 25

* Lack of capacity to consent * Lack of capacity to consummate * Underage without consent * Marriages prohibited by law.

Question 26

What is a defense to an annulment action involving voidable marriages?

Answer 26

Ratification.

Question 27

What is the traditional ground for divorce?

Answer 27

One party must be determined to be at fault.

Question 28

What are common grounds for a no-fault divorce?

Answer 28

* Minimum duration of separation * Irreconcilable differences.

Question 29

Where is jurisdiction over marital actions vested?

Answer 29

Solely in state courts.

Question 30

What is the Full Faith and Credit Clause concerning divorce?

Answer 30

A divorce validly granted in one state must be recognized by other states.

Question 31

What is the concept of divisible divorce?

Answer 31

Distinction between the marriage and the marital property.

Question 32

How do courts divide marital property at divorce?

Answer 32

According to state law, either through community property or equitable distribution.

Question 33

What is separate property generally comprised of?

Answer 33

* Property acquired before marriage * Property acquired by gift or inheritance * Property acquired with proceeds of separate property.

Question 34

What is marital property?

Answer 34

All property acquired during marriage that is not separate property.

Question 35

What is spousal support?

Answer 35

Financial support awarded to a spouse at divorce if their separate property is insufficient.

Question 36

What must be shown for a modification of spousal support?

Answer 36

Substantial change in circumstances.

Question 37

What is the absolute obligation of parents regarding their children?

Answer 37

Parents must support their children.

Question 38

What is required for modification of spousal support under the UDMA?

Answer 38

A showing of changed circumstances so substantial and continuing to make the terms unconscionable.

Question 39

Some courts will NOT permit a modification of spousal support if the change in circumstances was _______.

Answer 39

[anticipated or voluntary]

Question 40

What is the absolute obligation of parents regarding child support?

Answer 40

To support their children.

Question 41

Federal law requires every state to provide guidelines to determine the proper amount of child support owed by a _______.

Answer 41

[non-custodial parent]

Question 42

What must child support guidelines consider?

Answer 42

* Income of the non-custodial parent * Child’s healthcare needs * Specifically descriptive numeric criteria

Question 43

In some states, what happens if a child fails to follow the obligor parent’s reasonable instructions?

Answer 43

The child may lose their support.

Question 44

What is the presumption regarding the amount of support produced by the state’s formula?

Answer 44

There is a rebuttable presumption that it is proper.

Question 45

When do child support obligations generally last until?

Answer 45

Until the child reaches the age of majority or is otherwise emancipated.

Question 46

A child support order can only be modified when there is a _______.

Answer 46

[substantial change in circumstances]

Question 47

What must be proved if the obligor voluntarily changes circumstances?

Answer 47

The change occurred in good faith.

Question 48

The state that originally issued the child support order has _______ jurisdiction to modify the order.

Answer 48

[continuing exclusive]

Question 49

Federal law bars courts from _______ child support orders.

Answer 49

[retroactively modifying]

Question 50

What is the standard generally used by courts to determine child custody?

Answer 50

Best interests of the child.

Question 51

What factors do courts consider to determine what custody order serves the child’s best interests?

Answer 51

* Needs of the child for a meaningful relationship with both parents * Ability and willingness of the parents to perform their functions * Interaction of the child with parents, siblings, and others * Child’s adjustment to home, school, and community * Mental and physical health of all involved * Intention of either parent to relocate * Wishes of the child’s parents * Wishes of the child

Question 52

When is custody presumed to be in the best interest of the child?

Answer 52

When custody is with the parent.

Question 53

A parent usually has visitation rights unless _______.

Answer 53

[visitation would seriously endanger the child’s wellbeing]

Question 54

In a minority of states, courts may order visitation for a _______ if it is in the child’s best interests.

Answer 54

[nonparent]

Question 55

What must a nonparent have to qualify for visitation rights?

Answer 55

* A substantial relationship with the child * Visitation is in the child’s best interests

Question 56

Joint custody requires both parents to _______.

Answer 56

[participate in decision-making regarding the child]

Question 57

What must a parent show to modify a child custody order?

Answer 57

* Circumstances have substantially changed * Modification would be in the child’s best interests

Question 58

Most courts will permit a custodial parent to move with the child if the motives for moving are NOT _______.

Answer 58

[vindictive]

Question 59

Under what authority can a state intervene to protect children when their parents deny them needed medical care?

Answer 59

[Parens Patriae]

Question 60

What is required for a doctor to perform surgery on a minor without a parent's consent?

Answer 60

* Emergency * Public health concerns * Age of child

Question 61

In most states, an express agreement between unmarried cohabitants to share property is _______.

Answer 61

[enforceable]

Question 62

What presumption under the UPA can only be rebutted by clear and convincing evidence?

Answer 62

A man is presumed to be the father of the child.

Question 63

What is a claim in damages intended to compensate a spouse for loss of companionship called?

Answer 63

[Loss of consortium]

Question 64

What is generally required for parental consent in adoption?

Answer 64

The consent of BOTH parents.

Question 65

A biological parent may challenge the validity of consent to an adoption if consent was procured by _______.

Answer 65

[fraud or duress]

Question 66

Legitimation is a legal action brought by a biological father to establish his _______ concerning his child born out of wedlock.

Answer 66

[rights]

Question 67

Adoption is a statutory procedure that terminates the rights of _______ and establishes the rights of the adoptive parents.

Answer 67

[biological parents]

Question 68

What are the three statutory approaches to a biological parent’s revocation of valid consent to an adoption?

Answer 68

* Consent is revocable until the final adoption decree is entered with the court * Consent is revocable at the court’s discretion up to a specified amount of time in the child's best interests * Absent fraud or duress, consent is NOT revocable ## Footnote These approaches vary by jurisdiction and can impact the legal process of adoption significantly.

Question 69

Under what circumstances is a husband presumed to be the father of a child born from artificial insemination?

Answer 69

* He consented in writing * A medical doctor performed the procedure * Implied oral consent may suffice if no writing exists ## Footnote This presumption is important for establishing legal parental rights.

Question 70

What happens to the parental rights of a sperm donor after successful artificial insemination?

Answer 70

Most states extinguish any parental rights the sperm donor may have as the biological father of the child. ## Footnote This legal principle is designed to protect the family unit of the mother and her partner.

Question 71

What is the primary reason couples enter into surrogacy arrangements?

Answer 71

When a couple wants a baby, but the woman is unable to carry a baby to term. ## Footnote Surrogacy arrangements provide an alternative for couples facing infertility challenges.

Question 72

What does a surrogate mother typically receive in exchange for bearing a child?

Answer 72

Financial compensation. ## Footnote This compensation can vary widely based on the agreement and jurisdiction.

Question 73

How do some states treat surrogacy contracts?

Answer 73

* Criminally liable for entering into a surrogacy contract * Void against public policy without criminal liability * Permitted with a period for the birth mother to change her mind ## Footnote The legal treatment of surrogacy contracts can vary significantly from one state to another.

Question 74

Fill in the blank: Consent to adoption is revocable at the court’s discretion up to a specified amount of time so long as the revocation is in the _______.

Answer 74

[child’s best interests]. ## Footnote This standard is often used to prioritize the welfare of the child in legal decisions.

Question 75

True or False: In all states, the consent of a husband is required for artificial insemination to be legally recognized.

Answer 75

False. ## Footnote Some jurisdictions may allow for different interpretations of consent.