MEE_Family Law Flashcards
(21 cards)
To what extent must a state extend full faith and credit to the ex parte divorce decree of a sister state court?
Full faith & credit must be given to divorce decrees of a sister state’s court if the sister state had proper jdx & decree is valid in sister state.
How is the jurisdictional requirement satisfied in an ex parte divorce?
Jdx is satisfied if one of the spouses is domiciled (lives in & intent to remain) in the state granting the divorce.
There is a rebuttable presumption that the state granting the divorce is the bona fide domicile of plaintiff.
Which state may constitutionally assert jdx to divide marital property in an ex parte divorce?
(Doctrine of Divisible Divorce)
Under doctrine of divisible divorce, an ex parte divorce generally can serve to grant the divorce.
An ex parte divorce decree has no effect on disputes oer marital property, unless the property is located in the rendering state
When resolving property disputes in divorce how is PJ over both parties determined?
(1) there must be some minimum contacts btw party & state
OR
(2) party must have submitted self to jdx of the State court
What is UCCJEA?
Uniform Child Custody Jdx & Enforcement
under UCCJEA, a state may exercise jdx if it is the home state of the child at the time the proceedings began or w/in 6 months of the proceedings & a parent still resides in the jdx
What is a child’s Home State?
State in which child lived w/a parent for at least 6 consecutive months before commencement of the proceeding
What is PKPA?
Parental Kidnapping Prevention Act
PKPA requires states to enforce a custody order of another state, but only if the state entering custody decree had home state jdx
In awarding custody, courts apply the “best interests o the child” standard. explain.
Factors considered in making determination include:
(1) wishes of the child - preference considered if child is over 12 yrs
(2) wishes of the parents
(3) interrelationship of child w/ parents, siblings, others
4) Child’s adjustment to home, school, community
5) mental and physical health of all individuals involved
What is the Tender Years Doctrine?
grants custody of a young child to the mother unless she is proven unfit.
questionable constitutional validity due to gender-based bias
many courts grant custody to primary caregiver
What is FFCCSOA?
Full Faith & Credit for Child Support Orders Act
Full faith & credit must be given to another’s court’s child support order if the court had jdx over the matter & parties, and
parties had reasonable notice and opportunity to be heard
What is UIFSA?
Uniform Interstate Family Support Act
a State can enforce order of another state even though state does not have PJ over one spouse
Modifying Child Custody Order - Rule under PKPA
A state may not modify a custody order if one of the parties continues to reside in the issuing state and, under that state’s laws, the court continues to have and does not decline jdx
Modifying Child Custody Order - Rule under UCCJEA
the court that made initial custody determination has continuing, exclusive jdx over the matter until that court determines that:
neither child nor parents continue to reside in the state
or
child no longer has a significant connection w/’ state and substantial evidence relating to child’s care, protection, training and personal relationships is no longer available in the state
Removal of a child from a juris - factors court considers
is substantial, material change of circumstances warranting modification of custody order
ct follows “best interest of child standard” for custody & visitiation
Parents & child’s wishes, relationship w/each parent, adjustment to home, school, community, mental/physical health of parties
When may child support be modified?
Substantial change of circumstances
joint custody to sole custody - child support eliminated/reduced/recalculated, based on time spent with child & parents income
child support cannot be modified retroactively
Child custody - factors for determining joint-custody or sole custody
Best interests of the child standard
(1) fitness of both parents, whether they are in agreement on custody
(2) parents ability to communiate & cooperate
(3) child’s preference - age consideration
(4) level of involement of each parent in children’t lives
(5) geographic proximity of parents homes
(6) effect joint will have on hild’s psychologial development
who has been primary caregiver?
Requirements for Valid Premarital Agreement
In writing
Voluntary - not under duress
Based on full & fair disclosure of each party’s financial worth - time to discuss with attorney
property division must be fair and reasonable
to establish juris over divorce action…
one party must be bona fide resident of juris
states may set minimum residency requirements before action can be filed
Ex parte divorce
court can grant divorce but not award spousal support or divide out-of-state property
Spousal support considerations
purpose to ensure adequate income stream for spouse economically dependency resulted from marital relationship
court considers:
(1) standard of living during marriage
(2) duration
(3) age, physical & emotional conditions of both parties
(4) financial resources of each party / division of assets
(5) contribution of each party
(6) time needed to obtain education to find employment - rehabilitative alimony
(7) ability of payor spouse to meet his needs
Under UPA, spouse of woman who bears child through Assisted reproduction is child’s legal parent, unless _______.
within 2 years of learning of child’s birth, spouse commences action in which it is determined he did not consent to assisted reproduction.
