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Family Law (Parents and children (adoption (consent (biological parents…

- - - - presumption
      - putative fathers
  - - - biological parents must consent
        
        unless rights have been terminated
  - - - age of majority set by statute
      - financial independence and maturity are considerations
      - minor who marries before the age of majority
    - - due process concerns
        
        notice
        
        hearing
      - considerations
        
        abandonment
        
        neglect
        
        abuse
- - - - license
      - solemnization
    - - minority of states recognize
      - second state must regonize
        
        full faith and credit clause on the constitution
    - - consent
      - cohabitation
      - holding out as husband and wife
      - legal capacity
    - - age
        
        parental consent
      - not closely related
      - capacity
        
        mental capacity
        
        lack of consent
      - fraud
      - prior marriage still in force
  - - - entered into ceremonial marriage and had a good faith belief in the validity
      - later discovers that the marriage is void or voidable
      - inherit prop. rights, right to maintenance
      - equitable remedies
    - - no legally recognized status unless they meet the req. for common law marriage
      - most states recognize express and implied contracts between partners
      - equitable remedies
  - - - consideration is the entry into marriage
      - statute of fraud applies
      - state specific
- - - - both parents equally share a duty to support their child
      - determined by state guidelines
        
        determined by income, age of child, number of children
      - modifiable based on substantial change in circumstances
      - terminates upon child's death or emancipation (18)
    - - alimony
        
        awarded to ensure an adequate income stream for spouses whose economic dependency has resulted from the relationship
        
        periodic maintenance
        
        lump sum
        
        rehabilitative
        
        reimbusement
      - based on
        
        standard of living established by marriage
        
        duration of marriage
        
        age and health of both parties
        
        financial resources
        
        contribution of each party
        
        time needed to obtain education or training to enable either party to find appropriate employment
        
        ability to payor spouse to meet her needs while paying support
      - terminates upon death or remarriage
    - - three steps
        
        classify prop
        
        separate
        
        marital
        
        value assets
        
        divide
      - mixed prop
        
        commingled, transmuted, improvement
      - marital residence
        
        house purchased prior to marriage
        
        separate funds used to make improvements
        
        labor increases the value
        
        source of funds
      - pensions
        
        subject to equitable distribution
        
        vested or non vested
        
        premarital and post-separation
        
        qualified domestic relations order
      - stock options
        
        presumed to be marital prop.
      - professional degrees/licenses
        
        not prop. interest subject to equitable distribution
        
        may be considered in the division of other marital prop.
      - professional practice and goodwill
        
        subject to disposition as a marital asset
        
        enterprise goodwill
        
        personal goodwill
      - states
        
        community prop approach
        
        equitable division of all prop.
        
        age, education, earning capacity
        
        duration of marriage
        
        present income
        
        source of funds for acquisition of prop.
        
        health
        
        assets, debt, liabilities
        
        parties' needed
        
        child custody
        
        contribution as a homemaker
        
        evidence of dissipation
        
        equitable division of all marital prop