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Family Law (Parents and Children (Nonmarital children (Child born to an…

- - - - Presumption of marital paternity
      - Putative fathers
  - - - Due process concerns (notice and hearing)
      - Considerations (abandonment, neglect, and abuse)
- - - - Consider 1) wishes of the parents and the child; 2) interaction and interrelationship of the child with parents, siblings, and others; 3) child's adjustment to home, school, and community; and 4) the mental and physical health of the individuals involved
  - - - Amount is determined by state guidelines, which use a formula based upon the parents' income, the age of the child, and the number of children supported.
      - Modifiable based upon a substantial change in circumstances
    - - Formerly called alimony; awarded to ensure an adequate income stream for spouses whose economic dependency has resulted from the marital relationship.
      - Include periodic maintenance, lump sum maintenance, rehabilitative maintenance, and reimbursement maintenance
      - Amount based on standard of living established during the marriage; duration of marriage; age and health of both parties; financial resources of both parties, etc.
    - - Classify the property (separate or marital)
      - Value the assets
      - Divide the property
- - - - License
      - Solemnization: ceremony performed by an authorized official
    - - Only a minority of states recognize
      - Issue still relevant for recognition by another state
        
        Second state must recognize a valid marriage from another state
        
        Basis - Full Faith and Credit Clause of the Constitution
      - Requirements: state-specific:
        
        Consent
        
        Cohabitation
        
        Holding out as husband and wife
        
        Legal capacity
    - - Age: parental consent required if under 18. State may require court approval if under 16 and prohibit marriage under 14.
      - Not closely-related
      - Capacity (mental capacity or lack of consent)
      - Fraud
      - Prior marriage still in force