Family Law Flashcards
mean different things in different legal contexts, even in the same states.
Families
Is a legal relationship that is formed through an agreement, cohabitation, and holding that the couple is married, without undergoing a ceremony or license.
Common Law Marriage
Common Law Marriage factors
Cohabitation, presentation as a married couple, otherwise unmarried, of age, established relationship as spouses.
is a legal transference of both rights and duties of parenthood from one (set of) parent(s) to another.
Adoption
agencies who interview and closely scrutinize adoptive parents to ensure proper placement
Agency Adoption
are conducted by the birth parents themselves, who set their own standards for adoption.
Independent Adoptions
with little-no contact between birth ad adoptive families and a high degree of privacy
Closed Adoptions
birth and adoptive families in contact.
Open Adoptions
birth parents are giving up their rights, this process is relatively straightforward.
Voluntary Adoption
courts have the power to terminate parental rights against the will of the birth parent.
Involuntary Adoption
when a minor legally becomes an adult
Age of majority
one parent is given the sole rights and responsibility to make major decisions about a child’s life
Sole legal custody
An agreement where both parents have equal responsibilities for the child including financial, emotional educational and health related needs.
Joint custody
courts can be called in to settle important decisions, and will apply a
best interest of the child
a legal ending of a valid marriage contract
Divorce
is an official declaration that no legal marriage ever existed.
Annulment
why are annulments less popular?
no fault divorce has become the norm and as divorce has become less stigmatized
an incomplete divorce usually intended to be temporary.
Legal Separation (Limited Divorce)
Dictates how they think property should be divided, and even proposes child custody arrangements .
Separation agreement
Divorce does not require the consent of both parties
True
Some states (including Ga) allow allegations of fault to be considered for the purpose of determining
Alimony (Aka Spousal support)
How do you determine Alimony?
Justification
Length: often 1:3 years of alimony:marriage
Can be modified with pre-nups, but enforceability varies
legal standard used in family law to guide decisions about a child’s welfare, particularly in cases of custody, visitation, and adoption.
Best interests of the child doctrine
children are also entitled to representation in court. Typically works with child, teachers, parents, doctors, etc. Recommendation taken very seriously.
Guardian Ad litem
