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Family Law (Divorce: terminates a legal marriage (2. Child Custody (Best…
Family Law
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Parents and Children
Nonmarital Children: is child born to an unmarried woman, Nonmarital children have the same right to support and government benefits as marital children .
Termination of Parental Rights: occurs through emancipation of the child, voluntary relinquishment of parental rights, and involuntary termination of parental rights.
Establishing Parenthood
Presumption of marital paternity: A child born and conceived by a woman while she is married is presumed to be the child of her husband. Presumption is rebuttable by a clear and convincing evidence.
Adoption: questions involve jurisdiction, consent, and the consequences of adopting a child. The UCCJEA excludes adoption from its provisions. Each state's statutes govern jurisdiction within the state.
Marriage
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Establishing Marriage
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Common Law Marriage
Requirements - state specific:
1) consent
2) cohabitation
3) Holding out as husband and wife
4) legal capacity
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