FAMILY LAW

Question 1

Legal Definition of Family

Answer 1

• No single definition
• Defined by statute-by-statute basis
• May differ state to state

Question 2

Marriage Contract

Answer 2

A one-size-fits-all contract that cannot be altered based on consent of parties involved

Question 3

Typical Regulations of Marriage

Answer 3

1. Minimum age thresholds
2. Monogamy
3. Competency
4. Prohibitions on incestual marriage
5. Solemnization ceremonies

Question 4

Common Law Marriage

Answer 4

State will treat some couples as married even without a ceremony or paperwork

Question 5

Common Law Marriage tests

Answer 5

• Cohabitation
• Presentation as a married couple
• Established relationship as spouses

Question 6

Adoption Definition

Answer 6

Legal transference of both rights and duties of parenthood from one set of parents to another

Question 7

Types of Adoptions

Answer 7

1. Agency adoption: conducted by professional adoption agencies who interview and closely scrutinize prospective adoptive couples to ensure proper placement
2. Independent adoption: done by birth parents, who set the standards for adoption
3. Open adoption: birth and adoptive families have contact
   Closed adoption: birth and adoptive families have little to no contact

Question 8

Voluntary adoption vs. involuntary adoption

Answer 8

• voluntary: the birth parents give up their rights (very straightforward)
• involuntary: courts use their power to terminate the parental rights, against the parent’s wishes

Question 9

What obligations to parents have towards their children?

Answer 9

To provide for their needs:
1. Food
2. Clothing
3. Shelter
4. Education
5. Medical care

Question 10

Consequences of failing parental obligations

Answer 10

• Criminal charges

Question 11

When do parental obligations generally end?

Answer 11

They end at the age of majority (usually 18)

Question 12

What happens when parents disagree with each other about key child-rearing decisions?

Answer 12

• Parents with sole legal custody generally decide
• Joint custody is preferred by courts
• Courts will apply

Question 13

Types of Ending Marriages

Answer 13

1. Annulment: an official declaration that no legal marriage existed
2. Legal Separation (aka limited divorce): an incomplete divorce, usually intended to be temporary
3. Divorce: a formal dissolution of the marriage only

Question 14

Justifications for Annulment

Answer 14

• Bigamy
• Incest
• Incompetence
• Fraud
• Coercion
• Parties underage

Question 15

Justifications for Legal Separation

Answer 15

• Parties must actually be separated
• Nonsupport
• Adultery
• Desertation
• Cruelty

Question 16

Separation Agreement

Answer 16

Dictates how property should be divided between divorcing couples. Sometimes proposes child custody arrangements

Question 17

Does divorce require two consenting parties?

Answer 17

No

Question 18

Standard for all things relating to children

Answer 18

Best interest of the child

Question 19

Factors considered for child custody

Answer 19

• Parents relationship and ability to care for child
• Involvement in child’s education and medical decisions
• Relationship to (step/half) siblings
• Parent’s legal, emotional, mental health issues

Question 20

When parenting time is equal, which parent is considered for Child Support?

Answer 20

Usually the non-custodial parent.

Question 21

What child support model does Georgia use?

Answer 21

Income Shares Model

Question 22

Types of Property Division

Answer 22

1. Community Property:
   - 50/50 split of common assets
   - retain separate property
   - key issues marital vs individual property
2. Equitable Distribution
   - not equal
   - court decides