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Family Law (Divorce (Child Custody (Best interest of the child standard…

- - - - Wishes of the parents and child
      - Interaction and interrelationships of the child with parents, siblings, and others
      - Child's adjustment to home, school, and community
      - The mental and physical health of the individuals involved
  - - - Modifiable in substantial change in circumstances
    - - Awarded to ensure adequate income stream for spouses dependency resulted from marital relationship
        
        Periodic maintenance
        
        Lump-sum maintenance
        
        Rehabilitative maintenance
        
        Reimbursement maintenance
        
        Amount based on:
        
        Standard of living est. during marriage
        
        duration of marriage
        
        Age and health of both parties
        
        financial resources of both parties
        
        contribution of each party to marriage
        
        time needed to obtain education or training
        
        ability of payor spouse to meet her needs while paying support
    - - Separate property
        
        All property before marriage, acquired after dissolution, gift or inheritance during marriage
      - Marital property
        
        Earning from parties, and appreciation of marital property. Acquired after marriage is presumed to be marital property
      - Approaches of division
        
        Community property: 1/2 all property acquired during marriage
        
        Equitable division: all property owned divided b/t spouse
        
        Equitable division of all marital property
- - - - rebuttable by clear and convincing evidence
      - Many states allow DNA evidence within a few years of the child's birth
    - - An alleged father wen the child has a presumed father
  - - - Age of majority set by statute
      - Financial independence and maturity are considerations
      - Minor who marries before the age of majority
    - - Due process
        
        Notice
        
        Hearing
      - Considerations
        
        Abandonment
        
        Neglect
        
        Abuse
  - - - UCCJEA omits
      - Uniform Adoption Act (UAA)
        
        Venue in county in which:
        
        the adoptive parent lives,
        
        the child lives
        
        an office of the adoption agency is located
- - - - License
      - Solemnization: ceremony performed by auth. ind.
    - - Only minority of state recognize
      - Issue relevant recognition by another state
      - Second st. must recognize valid from another st.
      - Requirements
        
        Consent
        
        Cohabitation
        
        Legal capacity
        
        Holding out as husband and wife
    - - Age: parental consent required if U18
      - Not closely-related
      - Capacity
        
        Mental capacity: understand contract
        
        Lack of consent: intoxication
      - Fraud
      - Prior marriage still in force