Fl Family

Question 1

Adoption

Answer 1

An adult that
1) Lives in Florida
2) that has good moral character
3) and has the ability to nurture and provide for a child may adopt.

Court looks to the BIC in deciding a petition for adoption

Question 2

Consent - take back period

Answer 2

If a child is less than 6 months old when parents give up child there is a 3 day revocation period

Question 2

Children are Eligible for Adoption if

Answer 2

1) Consent
2) Dead Parents
3) Virtual Desertion
4) Involuntary Termination of Parental Rights- Abuse Abandonment or Neglect

Question 3

Finalization of Adoption

Answer 3

Requires:
A) court hearing to finalize
B) Adoptive parents and child being adopted be in attendance

Question 4

Adoption tax credit

Answer 4

Adoptor becomes eligible for an adoption tax credit, which will reduce her income tax by the amount of her adoption costs

Question 5

Termination of parental rights requirements for fathers

Answer 5

Termination of parental rights requires
1) the petitioner to submit an application for diligent search of the putative father registry.
2) Actual Noticemust be served on potential birth fathers

Question 6

Grandparents Priority

Answer 6

Grandparents have statuatory priority to adopt the child, if parents have died or their parental rights have been terminated

Question 7

Age of Consent for Adoption

Answer 7

Children over 12 must give their consent to be adopted

Question 8

Parental Rights With Adoption After Divorce

Answer 8

When a couple divorces if a parent does not adopt a non-marital child no parenting plan is required

Question 9

Child’s Interest of Biological Father

Answer 9

Interest of the state, mother, child and adoptive parent outweight biological father who doesn’t deomonstrate a relationship with the child

Question 10

Kinship Adoption

Answer 10

grandparents or close relative aopts child, no home study is needed & State expedites the adoption process

Question 11

Alimony and Modification

Answer 11

Based on one spouses need **for financial assistance **and the other’s ability to pay

to modify a party must show a **substantial/material/permanant/involuntary change in circumstance **in the
a) party’s need or ability to pay - involuntary and not forseen at time of final judgement
or
b) supportive relationship

Question 12

Alimony Types

Temporary

Answer 12

granted on a temporary basis during pendancy of divorce litigation (not waivable)

Question 13

Alimony Types

Bridge-the-gap

Answer 13

to assist with legitimate short-term neds while making transition to single life
- Can’t exceed 2 years
- termination upon death or remarriage

Not Modifiable

Question 14

Alimony Types

Rehabilitative

Answer 14

granted to assist party establish a capacity to self-support
- Requires a rehabilitative plan in court order
- usually be educational or for job training
- no more than 5 years

Question 15

Alimony types

Durational

Answer 15

granted to assist party economically for a set period of time
- Short term - can’t be for more than 50% of the marriage
- Mid term - can’t be for more than 60% of the marriage
- long term - can’t be for more than 75% of the marriage

• permanant alimony is abolished - court can extend durational alimony under exceptional circumstances with clear and convincing evidence

Question 16

Annulment

Answer 16

brought to declare the legal invalidity of a marriage from its inception. Signifies no valid marriage existed from start

Grounds: lack of legal, mental, or physical capacity, lack of age or via force consent, duress fraud or concealment

Question 17

Voidable Marriages

Answer 17

Age
duress
intoxication
Fraud

Question 18

Void Marriage

Answer 18

Incest
Bigamy
offends public policy

Question 19

Best Interest of the Child

Answer 19

all custody and visitation decisions are made with the ultimate goal of fostering and encouraging the child’s happiness, security, mental health, and emotional development into young adulthood

Florida Presumes shared responsibility is in the BIC

Question 20

Custody and Parent Plan

BIC Factors

Answer 20

1. Child’s Preference
2. Parent’s ability to share child
3. length of time in a good stable enviornment
4. ability of each parent
5. history of abuse

GASPA

Question 21

Parenting Plan

Answer 21

required to be filed with the court in any divorce that includes minor children of the marriage.

if child brought in and not adopted by other parent, no plan is required

Question 22

Time Sharing and Parental Responsibilities

must be and contain

Answer 22

must be
1) approved by the court
2) and describe in adequate detail how the parents will share time and decision making

Question 23

Time Sharing

Answer 23

a part of the parenting plan which specifies the time the child will spend with each parent

• equal time shareing presumption based on BIC
• parents cannot refuse to honor agreement because one parent does not want to pay child support
• courts consider time sharing based on the parents demonstrated disposition to encourage a close and continuing parent-child relationship, to honor the schedule and be reasonable when changes are required

Question 24

UCCJEA - Home State Rule

Answer 24

Home State - Florida Jurisdiction Applies Fl Circuit Court will have jurisdicition if 1) **Home State**- lived in florida for life/ past 6 months or 2) was the **child's home state w/in past 6 months**, **child leaves but parent live in the state** **Exception** if HSR does not apply another court will have ability to modify child custody/visitation order if 1) no home state 2) child and at least one parent have a significant connection to the state, AND 3) substantial evidence in the state exists concerning childs care, protection, education, and personal relationship.

Question 25

Child Support

Answer 25

Cannot be waived Federal law requires States to set guidelines that: 1) take into account all earnings and income of the non-custodial parent; AND 2) are based on specific descriptive and numeric criteria.

Question 26

Florida Child Support

Answer 26

**Income Shares model** - child support is based on the share of income from each parent during the marriage; **insurance and childcare costs are divided according to % of net income** Parents are **obligated** **to pay** CS **until** their child is **18** years old/graduates highschool if still in when 18, marries, joins the military, or is emancipated. Support will continue if they are mentally of physically dependent Can be held in contempt if CS/alimony isn't paid ## Footnote No SOL for collecting child support arrears

Question 27

Child Support Modification

Answer 27

1) S**ubstantial change in circumstance** & **BIC** - - need vs. ability to pay - child's needs - change in time sharing plan over 40% to make it substantially shared parenting or - change must be permanant, significant, material and involuntary or 2) child turns 18 | Judge must write findings if change deviates more than 5%

Question 28

Retroactive CS Modification

Answer 28

apply retroactive child support to date spouse sort court ordered modification - payments do not need to be current to seek modification

Question 29

Counseling

Answer 29

the court can order counseling for up to 3 months when there is a minor child involved in order for the parties to attempt reconciliation

Question 30

Attorney Fees

Answer 30

not contingency Award can be based on the resources of the parties at the time of divorce - can be designated in the divorce agreement who pays what

Question 31

# Divorce Type of Divorce State

Answer 31

**No fault divorce state** - marriage is i**rretrievably broken down** or - adjudicated mental incapacity for more than 3 years marital misconduct - may affect equitable distribution and Parenting rights and Atty fees

Question 32

Divorce Requirement

Answer 32

1) **Jurisdiction** - court must have **SMJ** (residency requirement - **1 spouse is a resident for more than 6 months**) and **PJ**over the non-filing spouse if they don't reside in FL to determine issues of property and support (alimony and CS) 2) **pleading contains statement that the marriage is irretrievably broken.**

Question 33

Equitable distrubtion

Answer 33

marital assets are divided based on equity not equally - at the courts discretion

Question 34

Non-marital property

Answer 34

1) Property acquired before marriage; 2) Gifts and bequests (even if during marriage); property acquired not during the marriage and held seperatly or by gift 3) Property that spouses agreed will be separate property; and 4) Passive appreciation of separate property – an increase in value due to a passage of time

Question 35

Marital Property

Answer 35

ALL OTHER property acquired during the marriage, including: (1) active appreciation – caused by the effort of a spouse; and (2) future expectancies, even if payment will not be received until after the marriage ends.

Question 36

Effect on Divorce re Homestead

Answer 36

Uppon dissolution, if one spouse maintains the marital homestead as their residence, the homestead exemption continues for that property

Question 37

Paternity Legitamacy

Answer 37

Established By: 1. Birth Certificate 2. married at time of conception -(presumption) 3. unmarried parents express acknowledgment 4. unmarried biological father successful challenge of presumption 5. paternity suit 6. Estoppel - financial support and belief

Question 38

Disestablishment

Answer 38

After paternity is established through marriage a father can disestablish paternity if: 1) discovery via science 2) child is a minor

Question 39

Postnupual Agreement

Answer 39

after marriage is entered into, valid if there is full and fair disclosure - Alimony can be waived for consideration - if no express waiver, the right to receive alimony survives - temporary alimony, child support, or child custody cannot be waived

Question 40

Prenuptual Agreement

Answer 40

1) In writing 2) signed by both parties 3) voluntary (no fraud, duress, coersion, or undue influence) 4) good faith - no consideration is required - valid on day of marriage Valid if there is full and fair disclosure, seperate counsel, or a fair and reasonable provision where the accepting party knows the maker's general idea of wealth and what they are giving up

Question 41

Property Settlement

Answer 41

if an agreement considered as a whole, plainly shows the parties intended it to be a final settlement of obligations concerning property of any kind Exception: requires 1) Unconscionable at execution (procedural and substantive) and a. no full and fair disclosure of property and financial obligation of other party b. did not expressly and voluntarily waive in writing any right to disclosure of such property/finances; and c. did not have knowledge of the property or financial obligaiton of the other party

Question 42

Child Relocation to Another State <50 miles

Answer 42

must be 1. in good faith 2. in the BIC court balances the effect on visitation vs. benefit of relocation - if by consent in written agreement must contain: 1. description of consent 2. new time sharing agreement 3. any necessary transportation agreement if no agreement: - main concern is how it will affect the relationship of child with non-relocating parent --- BIC

Question 43

Child Relocation >50 miles from principle residence at time of last custody order

Answer 43

requires either 1. court consent **or ** 2. signed written agreement between the parents **or** 3. relocating parent must file a petion for relocation Petition Contains: 1. Description of location moving to 2. date of move 3. reason 4. proposal for relocation time sharing schedule Courts Analysis: 1. Notice of intent to relocate provided to anyone with time shareing entitlement 2. other parent objects to notice w/in 30 days 3. Burden of proof to relocate is BIC 4. Factors: child's age; feasability, child preferance; quality of life

Question 44

Safe Haven Statute

Answer 44

Abandoned newborn children are “Surrendered” children when dropped off at a state recognized repository for children - no criminal charge - less than 7 days old **Presumption**: child is abandoned and parental rights are forfeited **reclaimed rights** up until court enters judgement terminating rights

Question 45

Supportive relationship

Answer 45

In FL, a supportive relationship requires that 1. the parties live under the same roof and either 2.hold themselves out as a couple, 3.or have a joint account 4. or own property together. Spouse paying alimony can request it be reduced if there is a supportive relationship.