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Family Law (Parents and Children (Putative Father - alleged father when…
Family Law
Parents and Children
Presumption of marital paternity
Rebuttable by clear and convincing evidence
DNA Evidence may be allowed
Putative Father - alleged father when child has presumed father
States dictate time limits on when an unmarried father can establish paternity
Time limits are imposed to resolve issue without subjecting child to a long period of unsettled circumstances
Additional presumptions under Uniform Parentage Act
Parents married after child's birth and man voluntarily asserts his paternity
Parents resided in the same household for first two years of child's life and man openly held out child as his own
non-marital child - child born to unmarried woman; has same rights as marital children
Termination of parental rights
Emancipation
Age of majority set by statute
Financial independence and maturity are considerations
Minor who marries before age of majority
Voluntary relinquishment of parental rights
Involuntary relinquishment of parental rights
Due Process
Notice
Hearings
Considerations
Abandonment
Neglect
Abuse
Adoption
Jurisdiction
Consent
Consequences
Analysis order for divorce issues
Jurisdiction over each issue
Original order or modification
Child Custody
Visitation
Money issues
Child Support
Maintenance
Property Division
Divorce
Procedure
Child Custody
Best interests of the child
Wishes of parent and child
Interaction and interrelationship of child, parents. siblings, and others
Child's adjustment to home, school and community
Mental and physical health of child
Visitation
Money Issues
Child Support
Maintenance
Property
Marriage
Establishing Marriage
Procedural requirements
License
Solemnizations
Common Law
States must recognize a valid marriage from another state
Limitations
Age
Not closely related
Capacity
Mental Capactiy
Lack of consent
Fraud
Prior marriage still in force
Annulment
Antenuptial agreements