Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Family Law - SMT > Texas Family Law > Flashcards

Texas Family Law Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Marriages that are void?

A

Age, If either party is under 16 without a court order
Bigamy, if either spouse is already married
Consanguinity, can’t be related

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Same-sex marriage caveats

A

clergy and religious organizations do not have to participate
judges and county clerks could refuse to only if it could be assigned to another authorized individual available

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Methods of Marriage

A

Ceremonial

Informal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Ceremonial Marriage Procedure

A

Get a marriage license

Find an authorized person to perform the ceremony

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Validity of Ceremonial Marriage if Prongs are not met

A

Still valid if:

  1. reasonable appearance of authority
  2. at least one party acted in good faith
  3. neither spouse is a minor
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Requirements for an Informal Marriage

A
  1. Neither Party is a Minor
  2. There is an agreement to be married
  3. WITHIN TEXAS, the couple represented to others that they were married
  4. WITHIN TEXAS, the couple lived together
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Presumption of an Agreement to be Married

A

rebuttable presumption of no agreement if couple separated and ceased living together for 2yrs.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Declaration of Informal Marriage

A

Filing with the court that you meet the requirements of an informal marriage and allows you to back date the marriage to a date of your choice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

7 Grounds for Annulment

A
  1. Minor without appropriate steps
  2. divorced less than 30 days before marriage and concealed this fact
  3. Impotency
  4. Incompetency
  5. Fraud, Duress, or Force
  6. Under the influence of alcohol or narcotics
  7. Marriage took place within the 72 hour waiting period
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Exceptions to ground of annulment- minor

A

If brought by parent must be before minor turns 18

If brought by minor must be done within 90 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Exceptions to ground of annulment- within waiting period

A 
Not valid if...
one party is on active duty
the waiting period was waived
spouses completed pre-marital education course
Statute of Limitations 30 days
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

General Exception to Grounds for Annulment

A

Not available if cohabitated after defect was discovered

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Must court’s grant annulments?

A

No, discretionary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Common reason not to grant an annulment

A

wife is pregnant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Jurisdictional Grounds for Divorce in Texas

A

one party must have been domiciled in Texas for 6 months

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Venue for Divorce

A

any county where one party has resided for 90 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Contents of Petition for Divorce

A

Whether a protective order for family violence is in place?
Are there minor children of the marriage?
If Yes, must include SAPCR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

SAPCR

A

Suit Affecting the Parent Child Relationship

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

No-Fault Ground for Divorce

A

the marriage has become insupportable because of discord or conflict that destroys the legitimate ends of the marriage and there is no reasonable expectation of reconciliation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Fault Grounds for Divorce

A 
Cruel Treatment
Adultery
Felony Conviction
Abandonment for more than 1 year
Living Apart for 3 years
Confinement in a mental hospital for 3 years
21
Q

Court’s Options after Petition for Divorce is Filed

A

Grant Divorce
Order Counseling to determine if reconciliation is possible; and/or
Order parent education and family stabilization courses

22
Q

Court Ordered Mediation is Binding if…

A

It states in bold, caps, and underlined that it is non-revocable
It is signed by both spouses
and it is signed by both attorneys who are present

23
Q

Mediation Order can be deviated from if….

A

Family violence is involved
AND
Not in the child’s best interest

24
Q

Collaborative Family Law Act

A

parties and their attorney’s agree in writing to use their best efforts and make a good faith attempt to resolve their disputes

25
Q

Effect of Collaborative Family Law Agreement

A

Attorneys agree to withdraw if no agreement is reached
Once process starts court suspends all involvement
Once Agreement is reached court enters a judgment on its terms

26
Q

Statute of Limitations for Collaborative Family Law Agreement

A

Must come to a settlement within 2 years

Must complete a status report after the first 180 days

27
Q

Primary Consideration in Custody

A

What is the Child’s Best Interest

28
Q

Public Policy Considerations in Custody

A

Ensure Frequent Contact with parents
Provide safe, stable, and non-violent environment
Encourage parents to share rights and duties of parenthood

29
Q

Holley Factors

A
  • desires of the children
  • emotional and physical needs of the children
  • emotional and physical danger of the children
  • parental abilities of each individual seeking custody
  • plans for the children
  • stability of the home
  • acts or omissions of the parents which may indicate that the existing relationship is not a proper one
  • any excuse for those acts or omissions
30
Q

Prohibited Custody Consideration Factors

A

sex- gendered relationships
marital status
race
religion-unless immoral, illegal, or harmful

31
Q

Joint Managing Conservators

A

each party will have legal rights to make important decisions for the child. Does not require equal possession

32
Q

JMC exclusive rights of one parent

A

Must be: primary residence

May Be: permission to marry and educational decisions

33
Q

Presumption of JMC

A

There is rebuttable presumption that a JMC is in the best interests of the child

34
Q

Factors in creating a JMC

A

parents’ ability to reach shared decisions
whether parents can accept and encourage positive relationship with other parent
whether both parents participated in child rearing
geographical proximity

35
Q

JMC precluded if…

A

credible evidence of a history or pattern of neglect, or abuse

36
Q

Managing Conservator

A

has custody of the child. right to make major decisions for the child, right to determine primary residence

37
Q

Possessory Conservator

A

has visitation rights

38
Q

Splitting up siblings

A

clear and compelling reasons must be presented

39
Q

Parental Preference

A

There is a rebuttable presumption that it is in the best interests of the child to have a parent as a managing conservator

40
Q

Rebuttal of Parental Preference

A

rebutted if parent voluntarily relinquished control, care, and possession for more than 1 yr a portion which must be in the last 90 days, AND appointment of a non-parent is in the child’s best interest;
OR parent is deemed un fit under one of the express exceptions

41
Q

Standard Possession Order

A

Presumed to be in the child’s best interest if parents live within 100 mi of each other, and includes visitation on weekends of the first, third, and fifth week, 30 days in summer, alternating spring breaks, and 6-8pm on Thursday nights.

42
Q

Denial of visitation

A

extremely harsh, will likely start with supervised visitations if there is a concern

43
Q

Parenting Plan

A
  1. sets out rights of each party
  2. provides for periods of possession and access
  3. provides for child support
  4. optimizes the development f a close and continuing relationship between child and each parent
44
Q

Parenting Coordinator

A

appointed by court

impartial third party who assists in resolving parenting issues

45
Q

Parenting Facilitator

A

appointed by court

impartial third party who assists in resolving parenting issues and can monitor compliance with court orders

46
Q

Modification of Conservatorship

A
  • Modification is in the best interests of the child
  • Circumstances have materially and substantially changed
  • A Child 12 years or old has expressed in court which parent they want to live with
  • The managing conservator has relinquished care and control for 6 months
47
Q

What is material and substantial change

A
  1. conviction for family violence
  2. Multiple moves, or long distance moves
  3. Child wanting to not spend prescribed time with possessory parent
  4. conservator residing with sex offender
  5. Marriage
48
Q

Requirements for Change of Conservatorship within 1 year

A
  1. child’s present environment endangers physical health or significantly impairs emotional development
    OR
  2. The parent with conservatorship is seeking the adjustment/ consents to
    OR
  3. Conservator has voluntarily relinquished care and control for 6 months

Family Law - SMT (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions