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Fl Family Flashcards

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1
Q

Adoption

A

An adult that
1) Lives in Florida
2) that has good moral character
3) and has the ability to nurture and provide for a child may adopt.

Court looks to the BIC in deciding a petition for adoption

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2
Q

Consent - take back period

A

If a child is less than 6 months old when parents give up child there is a 3 day revocation period

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2
Q

Children are Eligible for Adoption if

A

1) Consent
2) Dead Parents
3) Virtual Desertion
4) Involuntary Termination of Parental Rights- Abuse Abandonment or Neglect

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3
Q

Finalization of Adoption

A

Requires:
A) court hearing to finalize
B) Adoptive parents and child being adopted be in attendance

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4
Q

Adoption tax credit

A

Adoptor becomes eligible for an adoption tax credit, which will reduce her income tax by the amount of her adoption costs

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5
Q

Termination of parental rights requirements for fathers

A

Termination of parental rights requires
1) the petitioner to submit an application for diligent search of the putative father registry.
2) Actual Noticemust be served on potential birth fathers

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6
Q

Grandparents Priority

A

Grandparents have statuatory priority to adopt the child, if parents have died or their parental rights have been terminated

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7
Q

Age of Consent for Adoption

A

Children over 12 must give their consent to be adopted

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8
Q

Parental Rights With Adoption After Divorce

A

When a couple divorces if a parent does not adopt a non-marital child no parenting plan is required

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9
Q

Child’s Interest of Biological Father

A

Interest of the state, mother, child and adoptive parent outweight biological father who doesn’t deomonstrate a relationship with the child

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10
Q

Kinship Adoption

A

grandparents or close relative aopts child, no home study is needed & State expedites the adoption process

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11
Q

Alimony and Modification

A

Based on one spouses need **for financial assistance **and the other’s ability to pay

to modify a party must show a **substantial/material/permanant/involuntary change in circumstance **in the
a) party’s need or ability to pay - involuntary and not forseen at time of final judgement
or
b) supportive relationship

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12
Q

Alimony Types

Temporary

A

granted on a temporary basis during pendancy of divorce litigation (not waivable)

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13
Q

Alimony Types

Bridge-the-gap

A

to assist with legitimate short-term neds while making transition to single life
- Can’t exceed 2 years
- termination upon death or remarriage

Not Modifiable

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14
Q

Alimony Types

Rehabilitative

A

granted to assist party establish a capacity to self-support
- Requires a rehabilitative plan in court order
- usually be educational or for job training
- no more than 5 years

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15
Q

Alimony types

Durational

A

granted to assist party economically for a set period of time
- Short term - can’t be for more than 50% of the marriage
- Mid term - can’t be for more than 60% of the marriage
- long term - can’t be for more than 75% of the marriage

  • permanant alimony is abolished - court can extend durational alimony under exceptional circumstances with clear and convincing evidence
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16
Q

Annulment

A

brought to declare the legal invalidity of a marriage from its inception. Signifies no valid marriage existed from start

Grounds: lack of legal, mental, or physical capacity, lack of age or via force consent, duress fraud or concealment

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17
Q

Voidable Marriages

A

Age
duress
intoxication
Fraud

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18
Q

Void Marriage

A

Incest
Bigamy
offends public policy

19
Q

Best Interest of the Child

A

all custody and visitation decisions are made with the ultimate goal of fostering and encouraging the child’s happiness, security, mental health, and emotional development into young adulthood

Florida Presumes shared responsibility is in the BIC

20
Q

Custody and Parent Plan

BIC Factors

A
  1. Child’s Preference
  2. Parent’s ability to share child
  3. length of time in a good stable enviornment
  4. ability of each parent
  5. history of abuse

GASPA

21
Q

Parenting Plan

A

required to be filed with the court in any divorce that includes minor children of the marriage.

if child brought in and not adopted by other parent, no plan is required

22
Q

Time Sharing and Parental Responsibilities

must be and contain

A

must be
1) approved by the court
2) and describe in adequate detail how the parents will share time and decision making

23
Q

Time Sharing

A

a part of the parenting plan which specifies the time the child will spend with each parent

  • equal time shareing presumption based on BIC
  • parents cannot refuse to honor agreement because one parent does not want to pay child support
  • courts consider time sharing based on the parents demonstrated disposition to encourage a close and continuing parent-child relationship, to honor the schedule and be reasonable when changes are required
24
Q

UCCJEA - Home State Rule

A

Home State - Florida Jurisdiction Applies

Fl Circuit Court will have jurisdicition if
1) Home State- lived in florida for life/ past 6 months or
2) was the child’s home state w/in past 6 months, child leaves but parent live in the state

Exception
if HSR does not apply another court will have ability to modify child custody/visitation order if
1) no home state
2) child and at least one parent have a significant connection to the state, AND
3) substantial evidence in the state exists concerning childs care, protection, education, and personal relationship.

25
Q

Child Support

A

Cannot be waived

Federal law requires States to set guidelines that:
1) take into account all earnings and income of the non-custodial parent; AND
2) are based on specific descriptive and numeric criteria.

26
Q

Florida Child Support

A

Income Shares model - child support is based on the share of income from each parent during the marriage; insurance and childcare costs are divided according to % of net income

Parents are obligated to pay CS until their child is 18 years old/graduates highschool if still in when 18, marries, joins the military, or is emancipated.

Support will continue if they are mentally of physically dependent

Can be held in contempt if CS/alimony isn’t paid

No SOL for collecting child support arrears

27
Q

Child Support Modification

A

1) Substantial change in circumstance & BIC -
- need vs. ability to pay
- child’s needs
- change in time sharing plan over 40% to make it substantially shared parenting
or
- change must be permanant, significant, material and involuntary

or

2) child turns 18

Judge must write findings if change deviates more than 5%

28
Q

Retroactive CS Modification

A

apply retroactive child support to date spouse sort court ordered modification
- payments do not need to be current to seek modification

29
Q

Counseling

A

the court can order counseling for up to 3 months when there is a minor child involved in order for the parties to attempt reconciliation

30
Q

Attorney Fees

A

not contingency

Award can be based on the resources of the parties at the time of divorce - can be designated in the divorce agreement who pays what

31
Q

Divorce

Type of Divorce State

A

No fault divorce state
- marriage is irretrievably broken down
or
- adjudicated mental incapacity for more than 3 years

marital misconduct - may affect equitable distribution and Parenting rights and Atty fees

32
Q

Divorce Requirement

A

1) Jurisdiction - court must have SMJ (residency requirement - 1 spouse is a resident for more than 6 months) and PJover the non-filing spouse if they don’t reside in FL to determine issues of property and support (alimony and CS)
2) pleading contains statement that the marriage is irretrievably broken.

33
Q

Equitable distrubtion

A

marital assets are divided based on equity not equally - at the courts discretion

34
Q

Non-marital property

A

1) Property acquired before marriage;
2) Gifts and bequests (even if during marriage); property acquired not during the marriage and held seperatly or by gift
3) Property that spouses agreed will be separate property; and
4) Passive appreciation of separate property – an increase in value due to a passage of time

35
Q

Marital Property

A

ALL OTHER property acquired during the marriage, including: (1) active appreciation – caused by the effort of a spouse; and (2) future expectancies, even if payment will not be received until after the marriage ends.

36
Q

Effect on Divorce re Homestead

A

Uppon dissolution, if one spouse maintains the marital homestead as their residence, the homestead exemption continues for that property

37
Q

Paternity Legitamacy

A

Established By:
1. Birth Certificate
2. married at time of conception -(presumption)
3. unmarried parents express acknowledgment
4. unmarried biological father successful challenge of presumption
5. paternity suit
6. Estoppel - financial support and belief

38
Q

Disestablishment

A

After paternity is established through marriage a father can disestablish paternity if:
1) discovery via science
2) child is a minor

39
Q

Postnupual Agreement

A

after marriage is entered into, valid if there is full and fair disclosure
- Alimony can be waived for consideration
- if no express waiver, the right to receive alimony survives
- temporary alimony, child support, or child custody cannot be waived

40
Q

Prenuptual Agreement

A

1) In writing
2) signed by both parties
3) voluntary (no fraud, duress, coersion, or undue influence)
4) good faith

  • no consideration is required
  • valid on day of marriage

Valid if there is full and fair disclosure, seperate counsel, or a fair and reasonable provision where the accepting party knows the maker’s general idea of wealth and what they are giving up

41
Q

Property Settlement

A

if an agreement considered as a whole, plainly shows the parties intended it to be a final settlement of obligations concerning property of any kind

Exception: requires
1) Unconscionable at execution (procedural and substantive)
and
a. no full and fair disclosure of property and financial obligation of other party
b. did not expressly and voluntarily waive in writing any right to disclosure of such property/finances; and
c. did not have knowledge of the property or financial obligaiton of the other party

42
Q

Child Relocation to Another State <50 miles

A

must be
1. in good faith
2. in the BIC

court balances the effect on visitation vs. benefit of relocation

  • if by consent in written agreement must contain:
    1. description of consent
    2. new time sharing agreement
    3. any necessary transportation agreement

if no agreement:
- main concern is how it will affect the relationship of child with non-relocating parent — BIC

43
Q

Child Relocation >50 miles from principle residence at time of last custody order

A

requires either
1. court consent **or **
2. signed written agreement between the parents or
3. relocating parent must file a petion for relocation
Petition Contains:
1. Description of location moving to
2. date of move
3. reason
4. proposal for relocation time sharing schedule

Courts Analysis:

  1. Notice of intent to relocate provided to anyone with time shareing entitlement
  2. other parent objects to notice w/in 30 days
  3. Burden of proof to relocate is BIC
  4. Factors: child’s age; feasability, child preferance; quality of life
44
Q

Safe Haven Statute

A

Abandoned newborn children are “Surrendered” children when dropped off at a state recognized repository for children
- no criminal charge
- less than 7 days old
Presumption: child is abandoned and parental rights are forfeited
reclaimed rights up until court enters judgement terminating rights

45
Q

Supportive relationship

A

In FL, a supportive relationship requires that
1. the parties live under the same roof and either
2.hold themselves out as a couple,
3.or have a joint account
4. or own property together.

Spouse paying alimony can request it be reduced if there is a supportive relationship.

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