Family Law

Question 1

What are the main issue areas tested in Family Law essays on the MEE?

Answer 1

Jurisdiction for initial decree or order, validity of agreements (e.g., premarital, separation, property settlement), divorce, support, custody, and unexpected issues (e.g., paternity, adoption, rights of a grandparent)

Question 2

What are the essential elements for a ceremonial marriage?

Answer 2

• Consent
• Capacity
• Compliance with legal formalities (license, age, waiting period, medical testing, expiration date)
• Ceremony

Question 3

What are the requirements for a common-law marriage?

Answer 3

• Consent
• Capacity
• Cohabitation
• Holding out as married

Question 4

True or False: Same-sex couples may marry in all states.

Answer 4

True

Question 5

What constitutes a void marriage?

Answer 5

• Bigamy
• Incest or consanguinity
• Incapacity

Question 6

What defines a voidable marriage?

Answer 6

A marriage valid until declared void after a challenge by either party; grounds include nonage, impotence, fraud, duress, coercion, etc.

Question 7

What is a putative spouse?

Answer 7

A party who has a good faith belief that a marriage is valid, allowing for property distribution and support as if legally married

Question 8

What is a limited divorce?

Answer 8

A divorce from bed and board, allowing parties to live apart while remaining legally married

Question 9

What are the grounds for no-fault divorce?

Answer 9

The marriage is irretrievably broken with no possibility of reconciliation

Question 10

What is required for jurisdiction in a divorce?

Answer 10

At least one party must be a resident of the state

Question 11

What is the Uniform Premarital Agreement Act (UPAA)?

Answer 11

A law followed by 26 jurisdictions regarding the enforceability of prenuptial agreements

Question 12

Fill in the blank: A _______ agreement is made while planning for divorce.

Answer 12

Separation

Question 13

What are the two theories of dividing property in divorce?

Answer 13

• Community property
• Equitable distribution

Question 14

Define marital property.

Answer 14

All property acquired during marriage

Question 15

What factors affect property distribution in divorce?

Answer 15

• Length of marriage
• Health/age/income of spouses
• Contributions to education/child-rearing
• Future needs
• Non-marital assets
• Child custody
• Spousal support
• Standard of living

Question 16

What is spousal support?

Answer 16

The obligation of one party to provide financial support to the other if they cannot meet their own needs

Question 17

What are the types of spousal support?

Answer 17

• Lump sum
• Permanent
• Limited duration
• Rehabilitative
• Reimbursement
• Pendent lite

Question 18

What is the obligation regarding child support?

Answer 18

Both parents must support their children until they reach age 18 or longer if incapable of self-support

Question 19

What is the Uniform Interstate Family Support Act (UIFSA)?

Answer 19

A law allowing long-arm personal jurisdiction over non-resident parents to establish or enforce child support

Question 20

What standard is used to determine child support?

Answer 20

• Income-shares model
• Percentage-of-income model
• Melson formula

Question 21

What is the ‘best interests of the child’ standard in custody decisions?

Answer 21

A rule that custody or visitation determinations are made in the best interests of the child

Question 22

What are the two types of custody?

Answer 22

• Legal custody
• Physical custody

Question 23

What are some remedies for non-payment of child support?

Answer 23

• Civil contempt
• Criminal contempt
• Wage garnishment
• Suspension of licenses
• Seizure of property

Question 24

What is the presumption regarding paternity?

Answer 24

A child born during marriage is presumed to be of the marriage

Question 25

What is required for a paternity action?

Answer 25

Must be initiated before the child reaches age 18

Question 26

What is the standard for child custody or visitation determination?

Answer 26

Best interests of the child standard ## Footnote A child custody or visitation determination is made in the best interests of the child.

Question 27

What is the default assumption regarding a parent’s ability to care for a minor child?

Answer 27

A parent is in the best position to care for a minor child, unless the parent is unfit ## Footnote This is the presumption unless evidence suggests otherwise.

Question 28

What factors can a court consider when determining child custody?

Answer 28

* Wishes of the child * Primary caretaker * Domestic violence * Opinion of a guardian ad litem ## Footnote The court cannot consider race, religion, or the sexual conduct of the parents.

Question 29

Define 'de facto parent'.

Answer 29

A third party with whom the child has lived for an extended period ## Footnote This status allows them to be considered a parent despite the natural parent's lack of contact or fitness.

Question 30

What must a party prove to modify a child custody order?

Answer 30

A substantial and unforeseen change in circumstances ## Footnote Failure to pay child support is not a basis to modify an existing child custody order.

Question 31

What does the UCCJEA stand for?

Answer 31

Uniform Child Custody Jurisdiction and Enforcement Act ## Footnote This act streamlines jurisdiction to avoid disputes and ease enforcement of child custody and visitation orders.

Question 32

What is 'Initial Custody Determination' under the UCCJEA?

Answer 32

A court has SMJ if it is the child's home state ## Footnote Determined as the state where the child has lived with a parent for at least six consecutive months.

Question 33

What is 'Significant-Connection Jurisdiction'?

Answer 33

A court can enter or modify an order if: * No other state has home state jurisdiction * Child and at least one parent have a significant connection with the state * Substantial evidence regarding the child's care exists in the state ## Footnote This allows jurisdiction even if home state jurisdiction is absent.

Question 34

What is the 'Parental Kidnapping Prevention Act' (PKPA)?

Answer 34

The PKPA requires states to give full faith and credit to other states' custody determinations ## Footnote It is similar to the UCCJEA and applies to custody disputes including visitation.

Question 35

True or False: A fit parent can deny visitation to a nonparent.

Answer 35

True ## Footnote A fit parent has a fundamental right to deny visitation to nonparents, including grandparents.

Question 36

What must be proven for the termination of parental rights?

Answer 36

Clear and convincing proof of abuse, abandonment, neglect, incapacity, or proof a child has been placed outside the home for 15 of the past 22 months ## Footnote Procedural measures to promote family reunification must also be taken.

Question 37

What is required for the adoption of a child?

Answer 37

Termination of the parental rights of the biological parent(s) ## Footnote Adoption cannot occur without this termination.

Question 38

What does the Uniform Parentage Act (UPA) cover?

Answer 38

Rules covering assisted reproduction, in-vitro fertilization (IVF), and gestational agreements ## Footnote It defines parentage and parental rights concerning assisted reproductive technologies.

Question 39

What is the procedure for obtaining domestic violence protection?

Answer 39

Obtain an ex-parte order for temporary relief, followed by a hearing for permanent relief ## Footnote This includes exclusive possession of the residence, child custody, and support.

Question 40

What rights do children have regarding medical care?

Answer 40

Parental consent is generally required, but exceptions exist for life-threatening situations ## Footnote Courts can intervene to protect a child when necessary, overriding parental consent.

Question 41

Fill in the blank: A child who is self-supporting and no longer living with their parents may petition the court for _______.

Answer 41

Emancipation ## Footnote This legal process allows a minor to gain independence from parental control.