Family Law (Essay Only) Flashcards
What is the standard for child custody, support, and other issues relating to the child?
best interest of the child
OR
best interest and welfare of the child
what is a marriage?
civil contract between two people
divorce
what are the grounds for a no-fault divorce?
irretrievably broken / irreconcilable differences
divorce
what does an equitable division of marital property at divorce require?
“just and fair” division NOT equal 50/50 division
what is required for modification or termination of a marriage contract?
state intervention
marriage
what is required for marriage (all types)?
- both parties must have capacity to give consent
- exchange of consideration –>
mutual exchange of promises + impositions of rights and obligations that come with the marriage relationship
marriage
what are the two major types of marriages?
ceremonial marriage + common law marriage
marriage / ceremonial
what are the two major requirements of ceremonial marriages?
license + solemnization
marriage / ceremonial
with ceremonial marriages, what s the age restriction (including an exception if any)?
most states: 18 years old
but can marry if under 18 with parental consent
marriage / ceremonial
with ceremonial marriages, is there a waiting period?
yes, most states require one b/t when license is issued and marriage ceremony
marriage / ceremonial
with ceremonial marriages, what is the rule for premarital medical testing?
some states require it
but results cannot be a condition for issuance of a marriage license
marriage / ceremonial
with ceremonial marriages, when does a marriage license expire?
10 to 30 days after issuance
marriage / ceremonial
with ceremonial marriages, when will a license NOT be issued? (4 ex)
- party is already married to someone else
- parties are too closely related
- marriage is a sham
- parties are incapcable of understanding the act of marriage (e.g., drugs, alc)
marriage / ceremonial
with ceremonial marriages, what are the requirements for soleminzation?
- at least 2 witnesses to the ceremony
- officiant (e.g., judge, religious leader, political official)
- marriage license must be filed with govt office
marriage / ceremonial
what is a proxy marriage?
party has a stand-in at the ceremony b/c they can’t physically attend
marriage / common law
what is a common law marriage?
- estabished by custom and cohabitation
- no license or solemization required
- most states have abolished (some have grandfathered)
marriage / common law
with common law marraiges, what are the requirements?
4 C’s
- capacity to marry
- consent
- cohabitation
- conduct
marriage / common law
what is the requisite time period for a common law marriage?
trick! there isn’t one
cts will consider evidence like common children, joint debt, joint assets, bank accounts, etc.
marriage / common law
do states have to recognize common law marriages from other states?
yes, Full Faith and Credit Clause
Exception: state has strong PBPL against it
some states have minimum time period to be domiciled to establish common law marriage
marriage / common law
what are the intent and capacity requirements for a common law marriage?
- both parties need legal and mental capacity to enter into the common law marriage
- parties must produce evidence of their present intent to enter the marraige
what is a heartbalm action?
historical, no longer recognized
civil tort actions for money damages based on broken engagements or infidelity
what is included in a heartbalm action?
- breach of promise to marry
- alientation of affection
- seduction
- criminal conversation
what is invovled in the marriage relationship?
many duties and benefits
provides a right to privacy for the marital or family relationship under the Cons
what is solmnization?
ceremony
what are the three ways to terminate a valid marriage?
- annulment
- divorce (dissolution)
- death
annulment
what is an annulment?
voids a marriage and declares it as having never been valid
annulment
what are the two ways to annul a marriage?
- void marriage
- voidable marriage
annulment
what is a void marriage?
“as if it never happened”
ANY party can seek it (parent, guardian, 3p)
annulment
what is a voidable marriage?
marriage is valid until a judicial decree dissolves the marriage
annulment
what are the grounds for a void marriage?
- prior existing marriage (bigamy)
- incest
- mental capacity (must be lucid at the moment of the marriage contract)
annulment / void marriage
with a void marriage annulment, what happens if there is bigamy?
later marriage is void
burden is on the person trying to prove the first marriage
EXCEPTION: some states allow marriage to become valid if one party had a good faith belief that the marriage was valid and the impediment is removed (punative spouse doctrine!)
what are the grounds for a voidable marriage?
- age
- impotence (EXCEPTION: other party knew about the impotence prior to the marriage)
- intoxication (EXCEPTION: parties continue to cohabitate after the marriage –> ratification)
- fraud, misrepresentation, duress, coercion, force
fraud must go to the “essence of the marriage” and be at the time of the marriage, not about future facts
must cease living together once the fraud is discovered - lack of intent (like a sham marriage), but can’t be annulled if consummated
impotence = helplessness
what is the difference between a void marriage and voidable marriage?
void marriage - doesn’t require judicial degree, will not be legally recognized for any purpose, any party (incl. 3p) can seek it
voidable marriage - requires judicial decree, valid until one of the parties seeks annulment
what is the effect of annulment?
next steps after annulment
- either party can seek spousal support
- can still seek equitable distribution of marital property
- can seek child support if child born within that marriage
- cts try to put parties in the same position as before the marriage
what is the effect of the annulment on the children?
they are considered marital children (legitimate)
annulment / void marriage
what are the defenses to annulment for a void marriage?
only defense is deny the impediment that makes the marriage void
annulment / voidable marriage
what are the defenses to annulment for a voidable marriage?
equitable defenses of unclean hands, laches, estoppel
what is the putative marriage / putative spouse doctrine?
equitable remedy
party who participated in a ceremonial marriage and believes in good faith that the marriage is valid may use a state’s divorce provisions even if the marriage is later found to be void
what is the definition of divorce?
legal dissolvement of a marriage
with divorce, what is the residency requirement in most states?
- at least one party must be a resident of that state
- length of residency may vary based on whether hte couple married in that state and/or grounds for divorce happened in that state
what are the two grounds for divorce?
no-fault and fault divorce
most states recognize only no-fault divorce
what is the standard for no-fault divorce?
marriage is “irretrievably broken”
also called irreconcilable differences
no prospect of reconciliation
some states require parties to be separated for a period of time before seeking
one spouse can’t prevent hte dissolution b/c they want to reconcile
why would someone file a fault-based divorce instead of no-fault?
fault divorces can be used to determine support (alimony)
what are the grounds for fault-based divorce?
- adultery
- cruelty / inhumane treatment
- desertion / abandoment
- habitual drunkenness (some states)
- bigamy
- imprisonment
- indignity (most states do NOT recognize)
- insitutionalization for insanity
in a fault-based divorce, what is adultery?
charging spouse had opportunity + inclination by the other spouse
in a fault-based divorce, what is cruelty?
requires course of conduct, not one-time incident
only some states allow emotional abuse, physical harm only generally
must make cohabitaiton unsafe or improper
in a fault-based divorce, what is desertion?
one spouse (1) voluntarily leaves the home (2) without cause or consent from other spouse (3) with intent to remain away permanently
constructive desertion: some states also include when one spouse forces the other one out and there is fear of harm if they return
in a fault-based divorce, what is habitual drunkenness?
frequent habit of getting drunk causes impairment in the marriage
alcoholism is not a requirement
in a fault-based divorce, what is bigamy?
one party knowingly entered into a prior legal and existing marriage before entering into the current marriage
in most jurisdictions, its grounds for annulment + grounds for divorce
in a fault-based divorce, what is imprisonment?
if for a specified period of time
in a fault-based divorce, what is indignity?
one spouse exhibits negative behavior to the other that renders that spouse’s condition intolerable and their life burdensome
most states do NOT recognize as basis for at-fault divorce
in a fault-based divorce, what is institutionalization?
spouse’s insanity or serious mental condition results in spouse being (1) confined to a mental institution for a specified time (2) prior to the commencement of the divorce (3) with no reasonable prospect of discharge or rehab
what is the difference between annulment and divorce?
annulment - voids a marriage as if it had never been valid
divorce - dissolvement of a marriage
what are the defenses to a fault-based divorce?
must be affirmatively plead
- recrimination - both spouses commit a marital wrongful act of like conduct
- unclean hands - common when plaintiff’s own behavior is in question
- connivance - complaining spouse has given consent to participate in the marital wrong
- condonation - party forgives, must have knowledge of the wrongful act and resume martial relations after that knowledge
at common law, once misconduct is forgiven, it can’t be used as grounds for at-fault divorce - collusion - both parites conspired to fabricate grounds for divorce
- provocation - misconduct is due to something the other spouse is doing
- insanity
- consent - consent to desertion or adultery
- justificiation
- religion - FAILS in all jurisidctions
what are the requirements for mediation?
(1) neutral court-appointed mediator who is unbiased
(2) mediator cannot be connected with either party
can assist with child support, custody, visitation, parenting time, etc.
parties submit settlement agreement to court
once a dissolution is granted, what happens next?
most states require a certain period of time to lapse before the divorce is finalized
what are the two ways to divide property?
community property
equitable distribution (most states)
what is a community property division?
presumes equal distribution of marital property
what is an equitable distribution?
focus on fair and just distribution of marital property, not necessarily in equal division
most states
in general, what property is considered martial property?
- all property acquired during the marriage
- NOT prop acquired before marriage
- NOT gifts and inheritance (except gifts b/t spouses)
- NOT prop acquired after separation
- NOT prop excluded via valid agreement
- NOT any award/settlement payment from a cause of action before the marriage, regardless of when payment was received
when separating property, who has the burden of proof?
party asserting property is non marital
are gifts between spouses marital property?
yes
are increases in the value of separate property considered marital property?
yes - resulting from either spouse’s efforts
improvement due to marital property funds is also marital property
is property acquired before the marriage martial property?
no
are professional licenses/degrees martial property?
not a property interest that can be distributed
may affect spousal support or distribution of asserts
is property that a party has sold or granted or conveyed for value martial property?
no, if in good faith before date of final separation
what factors are considered for distribution of marital property?
- length of marriage
- whether any prior marriages
- economic circumstances of each spouse
- health, earnings, age, earning potentail, liabilites, needs
- contirbutions to education or career advancement of other spouse
- needs for future acquisitions
- value of any separate property
- custodianship of any minor children
- standard of living
are retirement or pension benefits considered marital property?
yes if acquired during the marriage
looks at present value not FV of pension
for pensions, part that accrued prior to the marriage is nonmarital, but part during the marriage is marital
what are the two approaches for determining if personal injury claim proceeds are marital property?
- marital property approach - if cause of action occurred during marriage, it’s marital property even if proceeds received later
- separate and marital allocation - depends on nature of award
pain and suffering, disability award –> separate, prop of injured spouse
lost wages, income, med expenses –> marital property
are consortium claims marital property?
separate property of the non-injured spouse
compensates spouse for decline of marriage from personal injury claim
is the goodwill of a business considered marital property?
yes if developed during the marriage
must be part of the biz and independent of the idv
are accumulated sick and vacay days marital property?
split juris, depends on how/when accrued
are social security benefits marital property?
not subject to equitable distribution
are unexercised stock options marital property?
if acquired during the marriage, yes even if exercised after divorce
what are the tax consequences of equitable distribution?
transfer b/t divorcing spouses is not taxed as income
transferee’s basis in property is same as transferor’s basis
is modification allowed for a property division?
nope
change in circumstances are not considered, but may impact spousal or child support obligations
is marital misconduct considerd in spousal support?
generally not a factor
can spousal support/maintenance be modified?
yes, even if it was originally permanent
if a party wants to modify spousal support, what do they have to show?
party seeking modification has the burden of showing a significant change in circumstances in (1) the needs of the recipient OR (2) financial abilities of the payor
what situations may lead to a modification of spousal support? can spousal support be modified or terminated when once of these situations arises?
- death - usually stops
- remarriage
- cohabitation - doesn’t auto end it
- retirement - stops or modifies it depending on jurisdiction
spousal support
if the payor remarries, what happens to the spousal support?
court may modify
spousal support
if the recipient remarries, what happens to the spousal support?
court may terminate
what type of jurisdiction does a court need for family law determination?
personal + subject matter jurisdiction
typically, how long does child support last?
- kid reaches age 18
- kid reaches age 19 if in high school full time
- longer if child’s physical or mental condition requires it
- through a college degree
are child support and visitation rights connected?
nope, entirely separate
who has the right to receive child support? can it be bargained?
the child, parents can’t bargain it away
historically, were non marital children entitled to child support?
not entitled to it
currently, are non marital children entitled to child support?
yes, entitled to child support, govt benefits, death benefits, inheritance rights
how can non marital kids become martial kids?
- if parents marry after birth of non marital child
- father consents to putting his name on birth certificate
- father holds himself out to be the father OR
- judicial decree
what happens once paternity is established?
rights to custody and visitation and duty to support
what evidence can be used to establish paternity?
- blood tests ordered by the court
- prior statements regarding paternity by dead family members
- medical testimony on teh probability or improbability of conception
- defendant’s acknowledgment of paternity
what is the time limit on filing a paternity claim?
trick question! no time limit, it would violate Equal Protection Clause
when may a husband who is not the bio father be estopped from denying his duty to pay child support?
- husband promised to provide for the kid
- wife relies on that promise AND
- wife would suffer economic detriment from relying on that promise
through which statute does the court obtain personal jurisdiction over an out-of-state parent?
Uniform Interstate Family Support Act (UIFSA)
child support
what sources of income are factored into calculating child support?
- wages
- dividends
- interest
- capital gains
- rental income
- retirement benefits
- social security income
child support
what are the two methods of calculating child support?
income shares model (majority)
percentage of income model
child support
how do you calc child support under income shares model?
child receives same proportion of parental income as if parents continued to live together
child support
how do you calc child support under percentage of income model?
determines minimum amount of child support using % of supporting parent’s net income, determined by number of kids being supported
child support
can a court deviate from the child support guidelines in its calculation?
yes, but must specific why it is deviating + provide support
child support
do most jurisdictions include medial insurance / expense in a child support award?
yes
child support / modification
can child support be modified? if so, what is the standard?
yes in most jurisdictions
requires a substantial change in circumstances of (1) child’s needs or (2) parents’ financial situtation
child support / modification
what is considered a substantial change in circumstances?
10%+ change in amount owed
burden on party seeking modification
child support / modification
if child support is modified, can it be applied retroactively?
yes, retroactive to date of service of the motion for modification
child support
when does child support terminate?
- child reaches age of majority
- ct might extend if still in HS, disability, goes to college
- child marries
- child emancipates
- termination of parental rights
- child dies
- NOT child gives birth
child support / modification
what are the two ways to move jurisdiction?
- agreement of the parties
- the parents and child don’t live in the “court of continuing jurisdiction”
child support / taxes
can the paying parent deduct child support from their income?
nope
child support / taxes
can the receiving parent deduct child support from their income?
nope
child support / taxes
can the parent paying for medical expenses deduct those from their income?
yep
child support / enforcement
what are the ways to enforce child support awards?
- civil contempt
- criminal contempt
- wage garnishment
- withholding tax refunds
etc.
child support / enforcement
what is the standard for criminal contempt?
failure to pay is willful
What does the Uniform Interstate Family Support Act (UIFSA) do?
simplifies the collection from one state to another
allows child support order to be enforceable in a second state
custody
what is the definition of legal custody?
right to make major life decisions for the child - health, education, religion
custody
what is the definition of physical custody?
right to make everyday decisions for daily care and control of the child
custody
what is the definition of joint custody?
both parents must be willing and able to cooperate with respect to the wellbeing of the child
joint legal custody - neither parent has a superior right to make major decisions
joint physical custody - doesn’t necessarily require 50/50 time sharing
custody / UCCJEA
what is the purpose of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)?
prevent forum shopping for child custody and visitation
determines which state can have jurisdiction, change it, or decline it
court must have SMJ
custody / UCCJEA
what are the five types of jurisdiction in order of priority?
- initial custody determination / home state jurisdiction
- significant connection jurisdiction
- default jurisdiction
- temporary emergency jurisdiction
- exclusive continuing jurisdiction
custody / UCCJEA
when does a court have initial custody determination / home state jurisdiction?
home state - where child lived with parents for 6 consecutive months
if child has moved, home state can still have jurisdiction if (1) it was the home state within past 6 months and (2) parent/guardian still lives there
custody / UCCJEA
when does a court have significant connection jurisdiction?
(1) no other state is the home state,
(2) child and at least one parent have significant connections to the new state AND
(3) substantial evidence in that state concerning the child
custody / UCCJEA
when does a court have default jurisdiction?
(1) no court has home state juris
(2) no court has significant connection juris AND
(3) court in a state that has appropriate connections to the child
custody / UCCJEA
when does a court have temporary emergency jurisdiction?
(1) child is in danger AND
(2) child requires immediate protection
custody / UCCJEA
temporary emergency jurisdiction: what happens if there is a prior custody order in existence?
new ct must allow time for the parties to return to that prior ct to argue the issues
custody / UCCJEA
temporary emergency jurisdiction: what happens if there is NOT a prior custody order in existence?
emergency order stays in place until home state changes it
custody / UCCJEA
when does a court have exclusive continuing juris?
court that made the initial rulings in the custody case continue to have jurisdiction until
(1) parties no longer reside in that state OR
(2) child no longer has significant connection to the state AND No substantial evidence of the child’s condition continues to be available in the state
custody / UCCJEA
when can courts decline jurisdiction?
new home state or court of exclusive continuing jurisdiction can decline when the forum is no longer convenient
factors
- when domestic violence occurred
- length of time child has resided outside of the juris
- distance b/t competing juris
- agreement of the parties
- parties’ relative financial circumstances
- nature and location of evidence that is relevant
etc.
custody / UCCJEA
how does a court enforce another state’s order?
- registration of another state’s order - get a certified copy, register it with the new ct, new court can grant relief
- expedited enforcement of child custody determination
- warranty for child custody (physical possession)
- law enforcement
custody / standard
what is the standard for child custody?
“best interests and welfare of the child”
custody / standard
what is the primary factor to be considered?
who was the primary caretaker during the marriage and separation, prior to divorce?
custody / standard
can race be considered?
no
custody / standard
can religion be considered?
no (typically)
custody / standard
can past sexual conduct be considered?
typically no
UNLESS it has a negative impact on the child
custody / standard
can domestic violence be considered?
yes, most juris require it
presumption in favor of the non-absuive parent (rebuttable)
custody / standard
can the child’s preference be considered?
only if the child is of sufficient maturity
custody / standard / 3p rights
legal parents presumptively get parental responsibility UNLESS
- deemed unfit
- detrimental to the child OR
- parent has terminated those rights
custody / standard / 3p rights
parent vs. grandparent/step parent - who gets the child?
the parent if they are fit
EXCEPTION: parent by estoppel (de facto parent) - child was living with a 3p for an extended period of time
visitation
do parents have a right to visitation?
yes, constitutional right to see their child
visitation must be in the best interest of the child
visitation
when is non-custodial visitation denied?
rare
only if it would “seriously endanger” the child
visitation
can 3p get visitation rights?
generally no protected rights
typically limited to individuals who acted in loco parentis
visitation
are grandparents required to get visitation?
not guaranteed in any state
if denied, its will look at the fit parent’s decision, conditions in the statute, and best interest of the child
visitation
does an unwed bio father have rights?
right to substantive due process
must demonstrate a commitment to parenting responsibilities
can a court deny visitation for failure to pay child support?
no, these are separate
visitation / modification
can visitation be modified? what is the standard?
yes
“change in circumstances” must be substantial and unforeseen at time the final judgment was entered
visitation / modification
what happens if one parent relocates?
some states place most weight on best interests of child
other states give relocating parent the presumptive right to relocate as long as child’s welfare is not prejudiced
relocating parent has the burden to demonstrate a “legitimate and reasonable purpose”
parental consent
is parental consent required for medical procedures?
YES
doctor is liable in tort if performs without parental consent
exceptions:
- emergency
- child is older and mature
- public health issues
marital agreements
what are the three types of marital agreements?
- premarital agreements
- separation agreements
- property settlement agreements
marital agreements / pre-nup
what is a premarital agreement? what is consideration?
contract b/t prospective spouses
considerate is a valid marriage
marital agreements / pre-nup
is a premarital agreement enforceable with child custody and child support?
not enforceable
marital agreements / pre-nup
what is the choice of law?
most courts use state with the most significant relationship to the agreement and the marriage
marital agreements / post-nup
what is a separation agreement?
planning for ultimate divorce
enforceable as long as there is no fraud or unconscionable aspect
marital agreements / post-nup
can a separation agreement cover child support and custody?
yes, can include these
marital agreements / post-nup
what is the relationship between a separation agreement and final decree of divorce?
separation agreement is merged into the final decree
marital agreements / post-nup
what happens in enforcement if the separation agreement is NOT merged into the final decree of divorce?
enforcement is based on breach of contract
marital agreements / property settlement agreement
what is the purpose of a property settlement agreement?
settle and finalize the economic issues between the parties to an impending divorce
marital agreements / property settlement agreement
when is a property settlement agreement enforceable?
enforceable as long as there is no fraud or unconscionability
marital agreements
what is required for a marital agreement?
DR. FIVS
- full _d_isclosure of assets and debts
- _r_easonable and _f_air terms
- _v_oluntary
- _i_n writing AND
- _s_igned
marital agreements
what is required to invalidate a martial agreement under the UPAA?
burden on party trying to invalidate
clear and convincing evidence standard
(1) agreement was involuntary OR
(2) unconscionable when executed
(a) spouse did not waive fair and reasonable disclosure AND
(b) spouse didn’t/couldn’t have had adequate knowledge of other’s assets and debts
marital agreements
what is the result if a marital agreement is invalidated under UPAA?
marriage is voided
premarital contract is enforceable only if it will avoid an inequitable result
how is property divided between unmarried cohabitants without an express contract?
equitable distribution of property to avoid unjust enrichment
adoption
what is the definition of adoption?
(1) prior parent-child relationship is terminated and (2) new parent-child relationship is created
domestic violence
does domestic violence include physical, emotional, and mental abuse?
typically only physical
domestic violence
what is the relationship required between the perpetrator and victim?
perpetrator has to be in a relationship with the victim or a family / household member
domestic violence
what type of behavior is required?
continuum of behavior, single episode generally doesn’t qualify
domestic violence
what is the most common relief?
injunctive order
no contact order
domestic violence / injunctive order
what is the two-step process?
- ex parts order with limited injunctive relief (TRO) AND
- notice to defendant + hearing for permanent order
are children able to convey property and enter into contracts?
yes
except wills
what happens after a child is emancipated?
(1) no longer a minor
(2) has duties and obligations of a adult
(3) parents no longer have a duty to support the now-emancipated child
are increases in investments due to market apprecation marital property?
Family Law Practice Question
nope, if not the result of spousal efforts or contributions
are awards recieved after sepration but before divorce considered marital property?
Family Law Practice Question
most states say it is marital property
What is the rule for jurisdiction for a modification of child support?
Essay 3407
UIFSA!
state court does not have jurisdiction to modify an order of child support rendered by a court of another state if the original state has continuing, exclusive jurisdiction
unless parties, including the child, no longer reside in that state or the parties expressly agree to another state’s jurisdiction
what is the rule for jurisdiction of a modification of property settlement related to divorce?
Essay 3407
domestic relations issue
court may exercise personal jurisdiction over an individual if that person is voluntarily present in the state and served with process while there
can a state retroactively modify child support?
Essay 3407
only for the time period where the cause of action is pending but NOT before the date of service
if a parent voluntarily changes their employment, what is likely to happen with a modification of child support request?
Essay 3407
reduction in income alone isn’t sufficient proof of substantial changes in circumstances
cts will consider earning capacity and other factors around the change
divorce / jurisidiction
how do states determine SMJ for a divorce?
Essay 5385
most states use residency requirements
what is a divisible divorce?
Essay 5385
a court may have sufficient jurisdiction to grant a divorce, but lack such jurisdiction with respect to other divorce-related matters, such as property division, without personal jurisdiction over the other spouse
what factors do courts consider when looking at separation agreements?
incl when deciding if premartial agreement is voluntary
Essay 288
- time pressure
- relative business experience of each party
- oppy to be represented by independent counsel
“state law does not allow for reimbursement alimony” –> what is this asking about? what is reimbursement alimony?
Essay 288
reimbursement alimony is like someone trying to obtain spousal support based on actions in the past (like dropping out of college to work so they other spouse can go to law school)
what are the types of spousal support?
Essay 288
- lump sum
- permanent - typically only if marriage is of long duration (15+ years)
- limited duration
- rehabilitate - limited period of time like until the spouse receives education or employment
- reimbursement
tip
“Will State B recognize a common law marriage contracted in State A? State A recognizes common law marriage, but State B does not.”
what is this asking about?
Essay 2207
Conflict of Laws! Apply traditional vested rights and most significant relationship test
fundamental rights of fit parents
Essay 297
fundamental right to the care, custody, and control of his children
can a state intervene and terminate parental rights?
Essay 2689
- if it is in the best interests of the child
- if it would endanger the welfare of the child
- grounds for termination include failure to support
Necessities doctrine
Essay 2689
creditor may sue either spouse for payment of necessities, but may be required to seek payment first from incurring spouse
only creditor, not the other parent, can use
parenting decisions
Essay 2689
parent has a right to raise their child as they see fit
theory of parens patriae
Essay 2689
court can intervene to protect a child when medical treatment contradicts religious belief and such treatment is required to prevent serious harm to child’s health
child can be declared neglected and medical treatment ordered
rule statement queen!
whether court can exercise PJ over parent under long arm statute, does this violate parent’s rights under DP 14th
NCBE Essay July 2021
A custody determination may only be made through the exercise of personal jurisdiction.
A custody award based solely on the domicile of the child is not entitled to full faith and credit.
Due process demands some act by which the defendant purposefully avails himself of the privilege of conducting activities within the forum state before that state may exercise long-arm jurisdiction.
which laws govern child custody contests
Essay July 2021
federal Parental Kidnapping Prevention Act + Uniform Child Custody Jurisdiction and Enforcement Act
PKPA and UCCJEA
rule statement queen!
whether state court has SMJ over child support award
NCBE Essay July 2021
UIFSA governs SMJ over interstate child support disputes. UIFA utilizes a home state jurisdictional rule that establishes priority among competing child support orders.
UIFSA’s home-state rule does not preclude a state from issuing a support order when another
state is the child’s home state.
