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Marist Spring 2025 > Family Law : Quiz 1 > Flashcards

Family Law : Quiz 1 Flashcards

1
Q

Who are the parties in a Family Law case?

A

Petitioner and Respondent

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2
Q

Who are the parties in a Supreme Court Case?

A

Plaintiff and defendant

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3
Q

What is standing?

A

the right to bring a particular type of legal proceeding or to raise a particular issue within a proceeding

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4
Q

Who is involved in a family law trial?

A

Petitioner, Respondent, Counsel for Parties, Attorney for Child

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5
Q

how is a family law case initiated ?

A

filing a petition

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6
Q

what happens after a petition is filed?

A

the first court appearance is scheduled, the respondent is served with a summons and with the petition that was filed

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7
Q

Docket Prefix : V

A

Custody or Visitation

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8
Q

Docket Prefix : O

A

Family Offense

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9
Q

Docket Prefix : A

A

Adoption

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10
Q

Docket Prefix : B

A

Termination of Parental Rights

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11
Q

Docket Prefix : F

A

Support

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12
Q

Docket Prefix : G

A

Guardianship

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13
Q

Docket Prefix : N

A

Neglect or Abuse

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14
Q

Docket Prefix : P

A

Paternity

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15
Q

Who must be at the first appearance ?

A

Both parties if respondent was served; affidavit of service submitted to court (proves that they were served)

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16
Q

courtroom set up for family law

A

no public allowed, most prove who you are before entering the courtroom

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17
Q

what happens if the petitioner does not show up to court?

A

the case is dismissed without prejudice

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18
Q

what happens if the respondent doesn’t show up?

A

Judge may grant a temporary judgment and can still proceed with the case

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19
Q

What are 2 ways a family court case can be finalized?

A

By an agreement settlement or by trial

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20
Q

what is heard by a separate judge in a family court case?

A

Child support cases

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21
Q

advantages of family court

A

court of “easy access”, no fees, can be fast, right to counsel, forms available online to the public

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22
Q

when does someone not have a right to counsel in family court?

A

if they are asking for child support

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23
Q

How do you know what types of petitions are pending?

A

By the first letter of the docket number

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24
Q

how do you know how many petitions are pending?

A

By each unique docket number

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25
How do you know when the next court date is?
appearance date/ time column
26
what happens if a case is filed in the wrong jurisdiction?
it could be dismissed
27
what are some presumptions at the center of governing laws?
kids benefit from both parents in their life, parents have first priority for custody, and courts should not split siblings
28
What types of petitions can be filed in terms of Custody and Visitations?
an original determination of custody, a modified order of custody, or a violation of a custody order
29
what state do you file custody matters in?
the home state of the child
30
how to determine the home state of the child?
'where the child has resided for at least 6 of the last consecutive months' and if he is younger than 6 months old, 'the state where he has resided with a parent for the majority of time since birth'
31
What is the exception for emergencies in terms of jurisdiction?
"if the child is present in a state and has been abandoned or it is an emergency to protect the child, a sibling, or parent of the child"
32
When to file in family court v. Supreme Court?
can file in either unless divorce is pending then it must be in the Supreme Court
33
How to find the correct venue?
Where the parents live and if its different then which ever county has more ties to the child
34
what is forum shopping?
choosing a court based on which one is most likely to rule in ones favor
35
what is the custody/visitation court procedure?
Filing the petition in the proper jurisdiction and venue, Service, First appearance for a temporary order, further proceedings, conference, trial or settlement, maybe appeal
36
what is the court looking for in a custody trial
under the totality of the circumstances, what is in the best interest of the child
37
what is legal custody?
a parent having the right to have information regarding their child // you are entitled to be a part of the decision making process of non-emergency decisions // equal parent under the law
38
what is physical custody?
if the child primarily, physically lives with one parent; what one normally thinks of when they hear "custody"
39
sole custody
one parent has sole legal and physical custody (all decisions can be made without considering other parents input but you still need to make other parent aware) // THE OTHER PARENT STILL HAS LEGAL RIGHTS
40
true joint custody
both parens have equal rights to kids // equal legal and physical rights (this is always the goal)
41
parents share joint legal custody with one parent having primary physical custody with visitations
must consult before decision making, create visitation schedule for visiting parent, create holiday schedule, consider any safety issues to account for in order
42
the custody order
document outlining everything that is agreed to during trial
43
when can an order of custody be modified?
when there is subsequent change in circumstances that necessitates the modification to protect the best interest of the child
44
what is a valid subsequent change in circumstance?
introduction of new person into home setting, parenting time schedule, failed communication over Childs medical care
45
what is the standard of proof for a custody order violation?
Preponderance of the evidence (51%)
46
how can someone show a breach in custody orders?
must provide evidence that the other party did not comply with a valid court order
47
what can the court do if violation is found?
warning, make up time/retribution, transfer custody if appropriate, crime
48
what is the Attorney for Child job?
advocate for the Childs wishes (paid by state in family court)
49
In camera AKA Lincoln Hearing
only time a child comes to court // child should be able to speak freely and it's confidential // no influence from the parents
50
Tools used to court to determine 'best interest'?
expert v. lay witness, "in camera", forensic evaluations, reports from experts
51
Hauge convention
encourages the prompt return of abducted children to their country of residence //secure effective exercise of rights of access to child
52
what must a court consider when a parent wants to move out of state with a child?
parents reasoning for the move, non-moving parents reason for opposing, how the move will enhance the Childs life, relationship with each parent
53
incarcerated parents rights
visitation is presumed to be in the best interest of the child, but can be rebutted if it demonstrates that it would be harmful to Childs welfare
54
when can a non-parent file for custody ?
when the parent has surrendered their rights, abandoned the child, persistently neglected the child, is unfit, or other rare circumstances that would drastically affect the welfare of the child
55
what proves a grandparents standing?
either one of both parents deceased, both parents living but grandparent had prior relationship with child prior to action, or both are living but grandparent could not have prior relationship with child because parents prevented it.
56
if a grandparent can prove standing, what else do they prove after?
that visitation would be in the best interest of the child
57
Forensic Evaluations
a medical, psychological, or social evaluation. Courts rely on forensic evaluators to provide unbiased factual info and expert opinion
58
conditions to have a secondary course of action in family court
parties must share a familial relationship and crime committed must be intimate in nature
59
purpose of criminal court v. family court
punitive v. rehabilitative
60
considerations to choose criminal or family court
person can control family court case direction more easily, fear element, different burdens of proof
61
intimate partner violence
ongoing, debilitating experience of physical, psychological and/or sexual abuse in the home associated with increased isolation from the outside world and limited personal freedom and accessibility to resources
62
cycle of abuse
calm phase, tension building, violence, make-up / "honeymoon"
63
how to succeed on a family offense petition?
must establish by a fair preponderance of evidence that 1) familial relationship exists between petitioner and respondent and 2) the type of crime committed is a family offense
64
what is a familial relationship?
connection between people who are related by blood, marriage, adoption, or any previous intimate relationship
65
how to determine if something is an intimate relationship?
frequency of interaction between persons, duration of the relationship, nature of the relationship and not a casual acquaintance
66
common relationship that gets mistaken as a familial relationship
landlord-tenant

Marist Spring 2025 (3 decks)

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