Additional stuff

Question 1

When is a person emancipated?

Answer 1

• Marriage
• Has left the parental household & is acting independently

Question 2

How long must partys wait until a divorce by irretreivable breakdown

Answer 2

the parties have lived separate and apart for a period of at least one year

Question 3

No relocation shall occur unless

Answer 3

every individual who has custody rights consents OR the court approves the proposed relocation

Question 4

Can visitation be denied based failure to pay child support?

Answer 4

No

Question 5

Can equitable estoppel be applied to step-parents?

Answer 5

Yes, but should be used sparingly. The court’s doesn’t want to disinsentivise forming loving relationships.

Question 6

Physical custody

Answer 6

The actual physical possession and control of a child

Question 7

Can a child be removed from custody of the parents if it is in their best interest?

Answer 7

No, it is a violation of Due Process Clause to remove children from custody of natural parent, “without some showing of unfitness and for the sole reason that to do so was thought to be in the children’s best interest

Quilloin v. Walcott, 434 U.S. 236

Question 8

What determins the date of seperation?

Answer 8

The couples, not the court. If they can’t agree, then there is a hearing.