Family Law Cases

Question 1

Meyer v. Nebraska (1923)

Answer 1

State tried to ban teaching German to kids who have not yet passed 8th grade. This violated a fundamental liberty interest under the 14A of parent to make education choices for their child without a legitimate state rationale.

Question 2

Pierce v. Society of Sisters (1925)

Answer 2

Similar to Meyer, state cannot pass a law requiring kids to only attend public education. Catholic private school sued to oppose this law. Rights guaranteed by Constitution cannot be abridged by legislation which has no reasonable relation to some purpose within competency of the state. Child is not the mere creature of the state.

Question 3

Griswold v. Connecticut (1965)

Answer 3

Married couples can legally access birth control, to not allow this would violate a right to privacy under the DP Clause.

Question 4

Eisenstadt v. Baird (1972)

Answer 4

Building off Griswold, non-married people should also be able to access birth control. Dissimilar treatment for similarly situated married and unmarried persons violates EPC of 14A.

Question 5

Roe v. Wade (1973)

Answer 5

Expanded constitutional right to privacy established in Griswold. Protect’s woman’s right to choose to have an abortion but may regulate abortions after the first trimester of pregnancy.

Question 6

Planned Parenthood v. Casey (1992)

Answer 6

Introduces an undue burden standard for state abortion regulations. For instance requiring husbands permission to get abortion not allowed because that creates an undue burden on the pregnant woman but a state can require an ultrasound.

Question 7

Dobbs v. Jackson Women’s Health (2022)

Answer 7

No more constitutional right to have an abortion, its not rooted in nations history, Roe and Casey are overruled. Now a rational basis standard for abortion restrictions, only a reasonable connection between state’s goal and means it is employing, state is presumed to have the right to pass these laws. Thomas suggests he wants to overrule the other privacy precedents including Griswold, Lawrence, and Obergefell.

Stare Decisis - Old case can be overturned through analysis of 1) nature of error 2) quality of reasoning 3) workability of rules imposed 4) disruptive effect and 5) absence of concrete reliance. Roe was deeply damaging and poorly reasoned and Casey’s undue burden standard is unworkable.

Question 8

Maynard v. Hilll (1887)

Answer 8

Marriage is more than just a contract, once formed the law steps in and holds parties to various obligations and liabilities. Maintenance of the institution and its purity has a deep public interest. Marriage is necessary for civilization and progress.

Question 9

Rivkin v. Postal (Tenn Ct. App. 2001)

Answer 9

Tennessee allows a cause of action for a breach of promise to marry but requires two disinterested witnesses and prohibits damages if breacher is over 60 years old. In this case there was man who had an affair baby and bought a house for his mistress to live in. He supposedly breaks their engagement, however the only witnesses who could attest to the verbal promise to marry were the mistresses parents. They are not disinterested so Court decides against her.

Question 10

Campbell v. Robinson (SC. Ct. App. 2012)

Answer 10

Couple gets engaged and then ends up breaking their engagement. Traditionally courts would determine fault for finding if engagement gift needs to be returned and to whom. This is messy so courts don’t like to do it anymore. New rule is that you have return gifts GIVEN IN CONTEMPLATION OF MARRIAGE but do not have to return gifts that happen to be given during an engagement.

Question 11

Loving v. Virginia (1967)

Answer 11

State cannot ban marriage between races. 14A EPC, there is no legitimate overriding purpose independent of invidious racial discrimination. Also violates 14A DPC as marriage is a fundamental civil right to existence and survival.

Question 12

Zablocki v. Redhail (1978)

Answer 12

States cannot ban people with unpaid child support from marrying. Right to marry is part of fundamental right of privacy implicit in 14A DPC. Preventing them from getting married doesn’t help get money to the kids. Also law is not narrowly tailored, does not stop other obligations distracting from child support and it punishes kids born out of wedlock.

Question 13

Turner v. Safley (1987)

Answer 13

States can restrict prisoners from marrying but in this case total ban on woman marrying in prison went too far. A regulation more reasonably related to legitimate objectives would be allowed, a complete ban is not reasonably related to legitimate objectives.

Question 14

Obergefell v. Hodges (2015)

Answer 14

States cannot prevent gay marriages. Not allowing gay marriage violates 14A EPC and DPC.

Question 15

303 Creative (2023)

Answer 15

Under 1A a website designer who wants to offer wedding websites but wants to exclude same-sex couples may do so. To not allow this would violate the potential website designers free speech. Public accommodation laws are important but when applied too broadly they can compel speech, when this collides with the Con. the Con. should prevail.

Question 16

In re Adoption of M. (NJ 1998)

Answer 16

NJ has a statute forbidding incest marriages. In this case there is a 23 year adopted into family at a young age who wants to undo the adoption so she can marry her adoptive father. She is pregnant with his child. The court allows this because human relationships are complex, legitimizing this relationship ensures her child is legitimate and is in its best interest. On a policy level they want to protect status of children and don’t want the dad to legally be both father and grandfather. This situation meets an exception circumstances requirement.

Question 17

Collier v. Fox (Mont. 2018)

Answer 17

Man tried to marry two consenting women at the same time. They sue in advance in fear of prosecution but are simply not allowed to get the license. Reynolds in the 1800s established that plural marriage is not a fundamental right.

Question 18

Kirkpatrick v. District Court (Nev. 2003)

Answer 18

15 year old is trying to get married to her adult man teach in his 40s. Her mom approves. Her dad objects but the court thinks the Dad is being controlling? Court says that there is no one set of criteria on if a marriage will work or if someone is mature enough to do it, “age alone is an arbitrary factor.”

Question 19

Blair (Mo. 2004)

Answer 19

Man and woman have affair and woman gets pregnant, tells him its his kid but its actually not. Did she fraudulently induce him into marriage? No, there is other evidence that he would have married her for other reasons. He admitted to falling in love with her, they had a separate bio child with his confirmed paternity, also there is evidence he had doubts about the first kids paternity before marriage.

Question 20

Carabetta (Conn. 1980)

Answer 20

A couple gets married at a church but failed to get a license (which is required by statute) and then lived as husband and wife and had four kids. Is this marriage void due to non compliance with marriage statute? No, the legislature’s failure to expressly characterize a no license marriage as void means that they are not automatically invalid. Marriage is still a secular institution but courts will generally uphold unlicensed ceremonies where facts are sufficient.

Question 21

Jennings v. Hurt (NY 1990)

Answer 21

Man is cheating on his wife and gets another woman pregnant so he later gets divorced from his wife moves in with mistress and they share a bed. Community knows they are not married, they don’t file married taxes. He referred to them as married once during an argument. This did not evince an intent to solemnize a marriage were just words used by one desiring to continue present state of living together.

Importantly, this relationship started when one partner was already married, his divorce does not change illicit relationship into common law marriage - you cannot become common law married if currently married.

Question 22

McGuire (Neb. 1953)

Answer 22

Married couple where wife feels like husband needs to spend more on her quality of life needs. The Court disagrees and says that living standards of a family are a matter of concern to the household and not for the courts to determine. As long as the home is maintained and parties are living as husband and wife it may be said that the husband is legally supporting wife.

Question 23

Caldwell v. Holland of Texas (8th Cir. 2000)

Answer 23

Woman fired from KFC for missing work for son’s ear infection. The question is whether under the Family and Medical Leave Act (FMLA) her kids ear infection was “serious”. It is a genuine issue of fact, the kid was incapacitated and could not do his normal routine.

Question 24

CFSLA v. Guerra (1987)

Answer 24

Woman is fired from receptionist job after returning from maternity leave. Job argues that they reserve the right to terminate employment after leave ends but Court finds that the Pregnancy Discrimination Act requires employers to give women employment back after pregnancy leave.

Question 25

Ammarell v. France (WDNC 2018)

Answer 25

A man cheated on his wife with a wealthy woman in NC where she can be sued for criminal conversation (sleeping with a married person). Rich lady sent wife a ton of evidence of the relationship which was not smart so there is a lot of evidence. This tort does not require a knowledge element. Rich lady tries to argue that this tort violates Lawrence but Court disagrees. Lawrence does not protect consensual sex that results in injury to a person or institution the law protects, not all consensual sexual conduct is protected.

Question 26

Epstein (7th Cir. 2016)

Answer 26

Husband found cheating on wife. He sues her for intercepting his email to get dirt and leverage in the divorce under the Wiretapping and Electronic Surveillance Act. He fails because he sued before she actually leveraged the emails, suing in anticipation was premature under what the act prohibits. Posner concurs saying he feels the wife should straightforwardly be allowed to do this and leverage the information, wiretapping act be damed. Marriage is a protected institution.

Question 27

Emily K. v. Luis J. (NY 2014)

Answer 27

Abusive relationship between teenagers, boy is abusing the girl. Mom tries to get her a protective order against him. Question is whether these sorts of relationships since they don't live together or have a shared child(which is the traditional rule). Legislature had expanded the language, don't have to be connected by blood or marriage, don't need shared child just prove an intimate relationship. Court holds these teens qualified as intimate relationship so protective order can be issued.

Question 28

Hawthorne v. State (Fla. 1982)

Answer 28

Woman kills abusive husband in self-defense. Claims she has battered woman's syndrome. He wasn't attacking her at the time but there was a long history of abuse, usually self defense needs to be imminent. Court allows this and now battered woman's syndrome expert testimony is allowed in every state.

Question 29

Town of Castle Rock v. Gonzales (2005)

Answer 29

Woman and her kids live in community with mandatory arrest law for DV. She is abused by her husband, divorces, and gains a protective order. Father ends up killing the kids, police failed to protect. No remedy exists agains police for failure to protect by the police.

Question 30

Brown (SC 2008)

Answer 30

Suing for fault divorce under adultery. Wife is accused of adultery with Craft, husband walked in on her in the house with another guy and they had exchanged horny texts. However, he never actually saw them have sex. Wife says she wanted to have sex with Craft but stopped just short of it. This is enough to establish adultery. Husband only needed to prove 1) inclination (demonstrated by texts) and 2) Opportunity (Wife and Craft were alone in house and hotel room before).

Question 31

Anderson (Miss. 2010)

Answer 31

Suing for fault for cruelty. Needs to be more than mere unkindness. Wife yelled at Husband, Donald, at church (hes a pastor) and embarrassed him. Always accusing him of affairs and didn't let his sons get a dog. Unsubstantiated affair accusations can be grounds for cruelty, there is a lot of evidence that Donald had affairs. Wife's conduct did not rise to cruelty there was no serious impact to Donald, no physical or mental impact.

Question 32

Reid (Va. 1989)

Answer 32

Dr is working too much and not having sex with his wife or help her discipline the kids. He buys her a boat and she starts spending a lot of time sailing, then she moves into an apartment. Did he desert her? No, he excelled at one family duty and sacrificed another one, this is not desertion. However, his claim of desertion against her IS valid she legally deserted the marriage by leaving and forfeited her right to spousal support.

Question 33

Bennington (Ohio 1978)

Answer 33

How do we determine living separate and apart in a no-fault divorce? Husband moved out to van outside house because it was kept at too high temp and wife locked doors in an annoying way. The wife suffers from disability and requires care. The court did NOT consider living in a van outside house to be living separate and apart. This is an outlier case with a restrictive definition of living apart, the wife's disability is probably informing the decision.

Question 34

Feltmeier (Ill. 2003)

Answer 34

Wife is suing husband for IIED after he abused her extensively for years, they've been divorced for two years by beginning of the case. Does a divorce settle all existing claims between a married couple? Court says no, you can still bring an action for IIED related to the marriage after the marriage.

Question 35

Boddie v. Connecticut (1971)

Answer 35

14A DPC requires that people get opportunity to go into court to obtain a divorce. Indigent people cannot be required to pay divorce fee.

Question 36

Smith v. Millville Rescue Squad (NJ 2016)

Answer 36

Guy is discriminated at work because he is getting divorced. In NJ court finds that employer cannot discriminate in employment against someone for getting divorced.

Question 37

In re marriage of Kimura (Iowa 1991)

Answer 37

Couple married in Japan but husband moves to Iowa and works as a doctor for years before suing for divorce in Iowa. Iowa holds that they can grant him a divorce as there is personal jurisdiction over the husband and they can change the status of his marriage as long as notice requirements to the wife are met and they were. HOWEVER, they do not have PJ over property in Japan so they cannot resolve those issues. They only have PJ over the status and dissolution of the marriage.

Question 38

Sosna v. Iowa (1975)

Answer 38

NY couple is separated and wife moves to Iowa to get a divorce there but can't because there is a one year residence requirement for divorces. Is this constitutional? Yes, state interest in not becoming a divorce mill outweighs her con. claims. The relief she seeks is just delayed not lost forever. It is reasonable for a state to require a connection to the state to deal with a divorce.

Question 39

Ankenbrandt v. Richards (1992)

Answer 39

Carol brought a damages claim on behalf of minor daughters in federal court on the basis of diversity jurisdiction against girls natural father and his gf alleging physical and sexual abuse. The domestic relations exception (which does not allow for diversity jurisdiction like in divorces) does not apply here, this is a tort suit.

Question 40

Ferguson (Miss. 1994)

Answer 40

Contribution theory of financial split in divorce. Departure from title theory where the person with title gets the property. In this case Linda was a homemaker and Billy was a cable repair tech, the court was within authority to equitably divide marital assets at divorce. Must consider the fairness of the support and distributed assets as a whole taking into account contributions of parties, value of assets, economic consequences, families needs, and other relevant factors. Importantly fairness is the guiding principle.

Question 41

Mani (NJ 2005)

Answer 41

Woman owns a boardwalk business and starts relationship with teacher who quits his job to travel and party with her. He cheats on her and they divorce. Modern approach on spousal support is to not consider fault in alimony unless there is economic fault like gambling away family savings or egregious conduct.

Question 42

Turner (Ga. 2009)

Answer 42

Trial court deviated from state guidelines when setting Dads child support but did not provide explanation why. Courts can deviate from guidelines but must explain why and why it is in the best interest of the children. The trial court essentially double charged the Dad for kids extracurriculars.

Question 43

McLeod v. Starnes (SC 2012)

Answer 43

Court makes Dad continue to pay child support for kid in college even though he is an adult. State has a strong interest in welfare outcomes of young citizens and the father here has more than adequate means. correcting disparate treatment of kids with divorced parents does not violate EPC as there is a rational basis for it.

Question 44

Pohlmann (Fla. 1997)

Answer 44

Divorced man unsuccessfully petitioned for support modification as he has a new family that he now needs to support. General rule is that new kids or family does not change obligations to the first kid, nothing outside of this new family has changed so no reason to grant a modification.

Question 45

Olmstead v. Ziegler (alaska 2002)

Answer 45

Lawyer's income drops after getting fired from his job and becoming a teacher. He requests a modification of support to align with lower teacher's salary. Failed to demonstrate how changing career will benefit his child, he is not working at full capacity so this change is not warranted.

Question 46

State v. Oakley (2002)

Answer 46

Guy has a bunch of kids and is refusing to pay child support and is then criminally charged with intent to not pay child support. On probation is ordered not to have more kids unless he demonstrates ability to support them. This IS allowed as a probation condition. The condition is not overly broad and Oakley can satisfy it by making efforts to support his children as required by law.

Question 47

Turner v. Rogers (2011)

Answer 47

You can incarcerate an indigent person not paying child support but there needs to be adequate process. However, in this case he should have received clear notice that his ability to pay would present a critical question in civil contempt proceeding, a form to gather info about his financial circumstances, and determine if he could pay his arrearage. Since this didn't happen his incarceration violated DPC.

Question 48

Devine (Ala. 1981)

Answer 48

About the tender years presumption for custody. Should mom automatically get custody of a young child? To rebut this assumption father must present clear and convincing evidence of mother's positive unfitness. But in this case the court concludes that the tender years presumption represents an unconstitutional gender-based classification which discriminates between fathers and mothers in child custody proceedings solely on the basis of sex.

Question 49

Palmore v. Sidoti (1984)

Answer 49

Parents divorce and the mom gets with a black guy, the Dad claims that kid being raised in interracial relationship will cause harm because of societies prejudices. Effects of racial prejudice, however, real, cannot justify a racial classification removing an infant from natural mother found to be appropriate to have such custody.

Question 50

Sagar (Mass. 2003)

Answer 50

A Hindu couple divorces and the husband wants to require daughter to do a somewhat obscure but existent Hindu ritual that involves shaving her head. Wife disagrees and does not this ritual to happen. This presents a fundamental conflict we cannot protect both parent's 1A rights at the same time. Here, husband failed to demonstrate a compelling state interest for performing ceremony on the child lacked evidence that not performing ritual would adversely affect her health, safety, or welfare. Absent proof either way the order is narrowly tailored accommodation intrudes the least on the religios inclinations of either parent and is compatible with health of the child.

Question 51

In re marriage of Black (Wash. 2017)

Answer 51

Was the trial court wrong to consider Wife's sexual orientation and new lesbian relationship when fashioning a parenting plan? Yes, this was improper it may not favor either parent's religious beliefs without a clear showing of harm to the children. Husband can continue to participate in religion that condemns lgbt people but that does not mean that the children are harmed by ex-wife being in a same sex relationship.

Question 52

Riemers (ND 2002)

Answer 52

Court awarded custody to Mom after finding that Dad has committed domestic violence in the past. Under state statute a single DV incident that results in serious bodily injury or a pattern of it results in a presumption that perpetrator may not be awarded custody.

Question 53

Bell (Alaska 1990)

Answer 53

Couple divorces and have joint custody, alternating who watching the child weekly and are cooperative. Later they disagree on daycare, legal and physical custody are adjusted to Mom for practical reasons by trial court finding that they can't cooperate. This decision was erroneous there is a lot of evidence that they have cooperated in the past and further legal and physical custody can be treated separately. They can share joint legal custody without sharing joint physical custody.

Question 54

Hanke (Md. 1992)

Answer 54

Father is accused of sexual abuse and has also admitted it before. He was granted unsupervised four hour weekly visitation periods with his daughter and then molested her during these visits. Mom moved states to escape him, trial court judge said she was overreacting and tries to punish her. On appeal its found that the trial judge abused his discretion, there was an obvious basis for moms belief that father should not have unsupervised visitation and reasonable for her to act on that.

Question 55

Turner (Tenn. 1995)

Answer 55

Should Dad lose visitation rights because he's not paying child support? Court says that punishment can be appropriate but only when parent has the money to pay support but is refusing to do so. Visitation can be denied for neglect. In this case he simply did not have the money so wrong to deny visitation here.

Question 56

Troxel v. Granville (2000)

Answer 56

A state statute allowed anyone to petition for visitation rights if they show it is in the child's best interest. In this case the grandparents petitioned for one week every summer, while grandparents can be granted visitation rights this statute violated fundamental rights of the parents to make decisions for their children this statute was way too broad and is unconstitutional.

Question 57

In re CAC (La. 2017)

Answer 57

A lesbian couple with a bio mom and non bio mom. Bio mom tries to cut the other mom out of parental relationship with child even though they have domestic partnership agreement that established they would have joint custody if they brok up. LA did not acknowledge same sex couples at the time so non-bio mom could not legally adopt. Trial court correctly found that both women intended to bring child into this world and raise her as a couple. Forcing non-bio mom to give up custody when she is fit, able and loving, is not in child's best interest. Distinguished from Troxel because this is a true parent and not some other third party.

Question 58

McMillen (Pa. 1992)

Answer 58

A boy wanted to live with his Dad instead of his Mom because Mom's bf is abusive. The trial court allows this and did not abuse its discretion by giving the child's living preference into consideration. Courts tend to give a lot of weight to the preferences of older children.

Question 59

Bisbing (NJ 2017)

Answer 59

In order to authorize a relocation of a child by custodial parent away from the other parent they must demonstrate "cause". Mom tried to move kids to another state to move in with her new bf.

Question 60

McLaughlin v. Superior Court (Ct. 1983)

Answer 60

Can a mediator who makes a decision due to parties not being able to come to a decision later be cross examined about their thought process in reaching their decision? Court concludes that Husband was entitled to a writ of mandate that directs the court not receive a recommendation from the mediator, as to any contested issue on which agreement is not reached UNLESS 1) court has first made a protective order which guarantees the parties rights to have the mediator testify and to cross examine him about recommendation or 2) rights have been waived.

Question 61

Marvin (Cal. 1976)

Answer 61

Hollywood couple behaves like a married couple but they are not married. But they had an oral contract saying that he (A) would support her (B) for life. The relationship ends and the man marries another woman. B sues A for property and palimony. A argues the contract is invalid because it was immoral. Court finds that if the contract was real than it is enforceable (question of fact) but also mentions that this could be an implied contract based on behavior. But isn't this just common law marriage which was abolished in California at this time? While some states are very ok with enforcing a pseudo divorce on equity grounds outside of Common Law marriage California is more cautious and remands the case to find an explicit contract as a matter of fact.

Question 62

Blumenthal v. Brewer (Ill. 2016)

Answer 62

Lesbian couple who wasn't married but did basically everything you can do to replicate a marriage and had a wedding ceremony. They had purchased a medical group together, one is a doctor and the other is a judge. If they were business partners we could enforce this contract but they are NOT so she gets LESS consideration by the court, people in intimate relationships cannot make these sorts of contracts together to allow this would undermine institution of mariage. Some rights and benefits are reserved for marriage only. If legislature wants to give unmarried people rights they can do that but they're not so we're keeping their approach in place. Court is not sympathetic to the fact that gay marriage only became legal in Illinois in 2014.

Question 63

Graves v. Eastabrook (NH 20030

Answer 63

Couple has been together for 7 years engaged but not married. He is killed while riding a motorcycle in from her and she sues for NIED. However, for an NIED claim you need to be closely related to victim and traditionally this requires marriage instead of just engagement or long standing relationship. Court in this case expands the factors that allow for closely related element. Including duration of relationship, shared household, emotional reliance, and mutual dependence amongst others. This is the minority approach though, most states still require marriage for this element.

Question 64

Shahar v. Bowers (11th Cir. 1997)

Answer 64

Engaged lesbian has job offer rescinded with Georgia AGs office. Lawrence has not happened yet gay sex is criminalized in Georgia. Offer rescinded on the grounds her personal interests could be in conflict with Georgia's legal positions in litigation. Also they don't want to provide tacit approval of her relationship. She claims that this violates her 1A free exercise rights and 14A DP. Court agrees that she will probably not be effective at enforcing sodomy laws and will impact image of the office. Reviews under standards of government employment, she can be fired.

Question 65

Bostock v. Clayton County (2020)

Answer 65

Guy was fired from his job after expressing interest in a gay softball league at work. Title 7 forbids discrimination on sex but does that include sexual orientation inherently? Supreme Court holds that it is impossible to discriminate against individual based on sexual orientation without discriminating based on sex.

Question 66

Braschi v. Stahl Associates (NY 1989)

Answer 66

Should an unmarried partner be able to take over rent controlled apartment when their name wasn't on their partners lease if they die? This case is about functional families. Court allows under a number of different factors including exclusivity of relationship, longevity of relationship, emotional and financial commitment, manner in which they live everyday and hold themselves out to society, and reliance placed on daily family services. None of these factors are dispositive.

Question 67

Smith v. Avanti (D. Colo. 2017)

Answer 67

Two married women one of whom is trans, also they have two kids, wanted to rent from a landlord but he doesn't want to rent out to them because they are alternative and would prefer to rent to childless couple. Landlord received advice from psychic to not rent to them. Fair housing act only applies to couples with minor children. Court finds that landlord discriminated based on both sex discrimination and for having minor children.

Question 68

Clark v. Jeter (1988)

Answer 68

Tiffany is 10 when her mom files paternity suit against alleged father however there is a 6 year statute of limitations on this kind of suit. Does this statute of limitations violate the EPC? Yes it unfairly treats illegitimate children worse than legitimate ones. We have DNA testing now so old justifications for statute of limitations on paternity no longer make sense. In common law illegitimate kids were called children of no one, had no rights to support or inheritance even from their mothers.

Question 69

PP v. DD (Canada)

Answer 69

Woman lies about being on birth control and gets pregnant. Does guy still have to pay child support? Yes. Children have the right to be supported by both genetic parents regardless of circumstances, even in outrageous cases like statutory rape or stolen condom sperm. Strict liability regime.

Question 70

Stanley v. Illinois (1972)

Answer 70

An unwed couple had kids and then the mom died. In Illinois the children of unwed women become wards of the state if she dies. Statute treats mothers and fathers differently. Dad claims there was no due process he was presumed to be unfit they did not perform a fitness hearing. This is unacceptable, state cannot presume rather than prove Dad's unfitness. Parents are entitled to hearing on parental qualifications not providing this violates EPC. But also you need to do more than just be genetically related to assert paternity, in this case the Dad lived with them and acted as a father.

Question 71

Michael H. v. Gerald D. (1989)

Answer 71

Married couple where wife cheats and gets pregnant by another guy. Husband knows and chooses to raise kid as his own. Bio father sues for paternity. Who is the legal father the one from genetics or marriage? History and tradition indicates that husband is presumed to be the father of his wife's child unless he is known to be unable to produce children or not near wife geographically at necessary time. Married father wins.

Question 72

Chatterjee v. King (NM 2012)

Answer 72

Lesbian couple where one mom is adoptive mom and the other is not. Under this states statute a gay male could bring a paternity suit but because she is a woman she is unable to. This statute discriminates on gender so it is not allowed.

Question 73

Adoptive Couple v. Baby Girl (2013)

Answer 73

ICWA was passed to prevent the destruction of Native American cultures by child removal and adoptions. Father in this case had native heritage but gave up custody of daughter. Birth mother ended up giving her up for adoption. Dad tries to get her back at the last second. No intact native family in this situation. Court holds that the girl should go to the adoptive family. Even though ICWA is meant to preserve Indian tribes we cannot allow an Indian father who abandons child to swoop in at last minute, disadvantages native babies too much and makes them effectively un adoptable.

Question 74

Scarpetta v. Spence-Chapin Adoption Service (NY 1971)

Answer 74

Woman in Columbia gets pregnant and is ashamed so she flys to NJ to give it up for adoption. Shortly after doing so her family is appalled and she regrets giving up baby. Family in NY adopted the baby. Mom tries to undo the adoption, only 23 days have passed after baby given to agency and 5 days after given to adoptive parents. Court decides that the surrender was improvident and the child's moral and temporal interests are best served by return to the natural mother.

Question 75

In re Adoption of M.S. (Ct. 2010)

Answer 75

Couple adopts a girl from Ukraine but she has many physical and mental health issues couple was not aware of and they try to un adopt her. Court holds that it makes sense that an un adoption should happen in the court where the adoption occurred which is in Ukraine.

Question 76

Raymond T. v. Samantha G. (NY 2018)

Answer 76

Gay couple and a woman decide to have a child together and split custody so that they are all parents. One of the gay guys and Samantha are the bio parents but the other gay guy, Raymond is not. Does Raymond have standing to pursue custody despite existence of two legal parents? Yes, NY allows these sorts

Question 77

PM v. TB (Iowa 2018)

Answer 77

Older couple hires a surrogate and the relationship breaks down. They try to control her and are racist to her. The surrogate gives birth early and tries to keep the baby. Surrogate has no genetic connection to baby. Surrogate's interest is overcome by the established genetic parents and she waived the right to assert claims in her surrogacy agreement.

Question 78

In re Marriage of Rooks (Colo. 2018)

Answer 78

Couple had frozen embryos and are now divorcing. Woman wants to keep them, they are the only way she can have children and man wants them disposed of, does not want to have to pay child support. Court establishes a number of factors to consider To consider: Intend use (someone who wants to use them has greater interest than someone who wants to donate. Can they have bio kids by other means? Original reason for pursuing IVF. Hardship on person trying to not be a parent including emotional, financial, logistical. Is anyone misusing embryo's as leverage in divorce? NOT to consider: Number of existing children, whether adoption is appropriate instead, financial considerations.

Question 79

Howard (KY 2011)

Answer 79

Family court orders Husband to make payments for debt on re-possessed car. After divorce Husband filed for bankruptcy and receives a discharge for the debt in federal court. This is problematic because if this was a debt to a former spouse it would not be subject to discharge. Court finds that he has to pay the money back to ex spouse even though the debt was discharged. He had a separate obligation to ex-wife that he make payments on this loan as part of the division of assets, the assets would have been divided differently if everyone understood this car debt would be discharged. Reliance issue.

Question 80

Bender (Conn. 2001)

Answer 80

Couple married for over 20 years and wife initiates divorce due to adultery and DV. Husband was a firefighter with a pension, should his unvested pension benefits marital property? The court determines that unvested pension benefits ARE subject to equitable distribution when the benefits are sufficiently concrete and their eventual realization is justified and reasonable. In this case 19 out of the 25 years required for vesting were during marriage, enough for it to count as marital property.

Question 81

In re Marriage of Roberts (IN 1996)

Answer 81

Woman marries a law student. She becomes pregnant 2 months before his graduation. He dumps her. Is his law degree marital property subject to equitable distribution? In IN a degree earned during marriage and future earnings from that degree are not marital assets but may be considered as a factor in the court's distribution of marital property.

Question 82

Rykiel (FL 2003)

Answer 82

If divorce instrument says payments are not included in gross income & not allowable as deduction then its not alimony and not taxable.

Question 83

Wolfe (OR 2012)

Answer 83

A physician and nurse end 30 year marriage, they have two kids in their 20s. They have a lot of money in the 10s of millions. A lot of it is in a trust from before the marriage that he received from family. She did not draw a large salary for tax purposes but she worked for him. They had co-mingled the trust by their long marriage and using it for decisions, she made financial decisions based on these assets and gave up a salary while working for a long time. He had to pay her out a lot of money.

Question 84

Paul (DE 2012)

Answer 84

Couple divorce and agree on alimony which shall terminate if wife starts cohabitating with a partner. She becomes romantically involved with Vance and investigator finds that he stays over at her place 2 to 4 days a week. Court found "regular residing" to be wrong standard here. Involvement in the home ownership activities is more important when they have separate houses but spend majority of time together. Because Vance acted like he lived there by taking out trash and doing yard work the case is remanded to review under correct standard.

Question 85

Simeone (PA 1990)

Answer 85

Couple married and signed prenup night before wedding without counsel. Man older surgeon and woman younger nurse. Had discussed agreement for 6 months prior. Court held agreement was valid, prenups will be held to normal contract standard. Valid absent fraud, misrepresentation, and duress. Only requires fair disclosure of parties' each financial position. OLDER STANDARD.

Question 86

In re Marriage of Shanks (IA 2008)

Answer 86

Wife worked at Husband's firm (hes a lawyer) and then they got married. He suggested prenup, she agrees. He drafted it, suggests attorney, she has it reviewed with out of state attorney and do some revisions. Wife did not seek counsel and signed. Court here holds agreement was not unduly harsh or oppressive or substantively unconscionable. Enforceable as long as it is not the result of 1) duress 2) undue influence 3) exploitation of an inferior bargaining position. Here division was consistent with prior finances and procedurally he insisted she seek counsel, there was sufficient time, and she was educated.

Question 87

Miles (SC 2011)

Answer 87

Husband and wife execute separation agreement. Husband ordered to cover her health insurance until she remarries or obtains employment with health insurance. Husband later has serious health issue and can no longer pay 6 years later. He tries to modify. Is this property division or alimony? Cannot modify property division. Court finds that it may modify support orders if justified by a substantial change in circumstances. Paying health insurance has hallmark of spousal support, provides receiving spouse a benefit normally incidental to relationship. Also there has been a substantial change due to his surgery.

Question 88

Alienation of Affections

Answer 88

1) Valid marriage 2) wrongful conduct by defendant with plaintiff's spouse 3) loss of affection or consortium 4) causal connection between defendant's conduct and deprivation of affection

Question 89

Criminal Conversation

Answer 89

1) Valid marriage 2) sexual intercourse between defendant and plaintiff's spouse Strict liability tort, defendant does not need to know persons spouse was married. But there is an exception for non consent to sex.

Question 90

Common Law Marriage

Answer 90

1) Intent to be married 2) Live as married couple to the community 3) Cohabitation 4) Capacity to marry (correct age and not already married)

Question 91

Best Interests of Child in Custody UMDAs 402

Answer 91

(1) the wishes of the child’s parent or parents as to his custody (2) the wishes of the child as to his custodian (3) the interaction and interrelationship of the child with his parent or parents, his siblings, and any other person who may significantly affect the child’s best interest (4) the child’s adjustment to his home, school, and community; and (5) the mental and physical health of all individuals involved. The court shall not consider conduct of a proposed custodian that does not affect his relationship to the child

Question 92

Adultery [fault divorce]

Answer 92

1) Opportunity to commit the offense (time and place). 2) Disposition to commit the offense (adulterous inclination)

Question 93

Cruelty [fault divorce]

Answer 93

1) Court of action of cruel behavior that 2) Creates an adverse health affect on plaintiff's physical or mental well-being OR 3) So unnatural and infamous as to make marriage revolting A single act will generally not suffice unless it is particularly egregious.

Question 94

Desertion [fault divorce]

Answer 94

1) voluntary separation 2) with intent not to resume cohabitation 3) without consent or adequate justification