Persons/Family Law Flashcards
Custody orders are always _____ and always _____.
- Modifiable
2. Based on the best interest of the child
How must a court award custody of a child?
Under LA law, a court must award custody of a child in accordance with the best interest of the child
List the factors used to determine the best interest of the child:
- Potential for abuse– primary factor
- Abusive history of a party
- Prior Relationships– length of time child has lived in a stable envirvonment and interest in continuing that environment
- Ability to Nurture– capacity of a party to give love, guidance and to continue child’s education and rearing
- Health– the parties’ mental and physical health
- Emotional Ties– love, affection and emotional ties between the parties and child
- Location– the distance between the parties’ residences
- preference of child– the reasonable preference of the child if the court deems the child to be of sufficient age to express his/her interest
- Stability– permanence, as a family unit, of the existing or proposed custodial home
- Cooperation with other party–willingness and ability of each party to foster the child’s relationship wit hthe other party, except when abuse is present
- History– the home, school and community history of the child
- Ability to Provide– the capacity of each party to meet the child’s material needs (though child support can be used to remedy this)
- Moral Fitness– the moral fitness of a party, as it affects the welfare of the child (drug, alcohol addiction, etc)
- Past Caregiver– the responsibility for care of the child previously exercised by the parties
When will the best interest of the child factors apply?
these factors are considered in (a) initial custody determinations; (b) change in custody determinations; and (c) determinations to initially fix custody
Define “MARRIAGE”
Under LA law, marriage is defined as a legal relationship between 2 people created by civil contract
What are the requirements for a valid marriage?
In order for a marriage to be valid, LA law requires that there be
(1) no legal impediments;
(2) a marriage ceremony; and
(3) mutual consent of both parties expressed at the ceremony
What are the 3 legal impediments?
Under LA law, the legal impediments to marraige include (1) an existing marriage;
(2) nonage; and
(3) the marriage of certain blood relatives
Who is “too closely related to marry” under LA law?
Under LA law, certain full-blood and/or half-blood relatives cannot marry… specifically:
- direct-line relatives (including ascendants and descendants)
- collaterals (sibling-sibling, aunt/uncle-niece/nephew, and first cousin-first cousin)
Are adopted relatives able to marry one another?
Generally NO. Adopted relatives are generally treated just like blood relatives.
However, written judicial approval can be obtained for marriages between adopted relatives- but only in the collateral line within the fourth degree.
HYPO: Suppose Lillie’s boyfriend, Robert, comes from a bad home life, so Lillie’s parents then decide to legally adopt Robert. Can Lillie and Robert ever marry?
Yes, Lillie and Robert may marry.
Lillie and Robert would be adopted siblings, which are collaterals in the fourth degree. Therefore, they can obtain written judicial approval to marry.
Can step-brother, Alex, marry his step-sister, Barb?
YES, Alex and Barb can marry. Under Louisiana, no legal impediment exists if collaterals are related by affinity (by marraige) and not by blood. Thus, step-siblings can marry one another in LA.
What are the age restrictions for marriage in LA?
Under LA law….
minors under 16 may NOT contract marriage, and
minors 16 or 17 may not contract marriage with a major who is three or more years older than them
What are the 2 main requirements for a marraige ceremony to be valid?
- In order for a marriage ceremony to be valid…
(1) it must be performed by a qualified celebrant; and
(2) both parties must attend the ceremony
Under LA law, when can a marriage be deemed relatively null?
Under LA law, a marriage lacking consent may be deemed relatively null. The nullity must be raised by the non-consenting party.
HYPO: Alice marries Bob while she is heavily intoxicated. The next day she decides he’s actually a great guy and tells all of her friends and family the great news. A few weeks later, she decides she no longer likes him and seeks to have the marriage relatively null for lack of consent. Will the nullity be granted?
Probably not. Under LA law, a marriage CANNOT be declared null if the non-consenting party later confirmed the marriage after recovering his/her capacity to consent.
