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Family Law (Parents and Children (Termination of Parental rights (•…

- - - - • Presumption is rebuttable by clear and convincing evidence.
      - • Many states allow DNA evidence within a few years of the child’s birth.
    - - • State statutes dictate time limits on when an unmarried father can establish his paternity.
      - • Time limits are imposed to resolve the issue without subjecting the child to a long period of unsettled circumstances.
      - • Additional presumptions under the Uniform Parentage Act:
        
        • Parents married after the child’s birth and the man voluntarily asserted his paternity.
        
        • Parents resided in the same household for the first two years of the child’s life and the man openly held out the child as his own.
  - - - • 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
    - - • Abandonment
      - • Neglect
      - • Abuse
- - - - • Wishes of the parents and child
      - • Interaction and interrelationship 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
  - - - The amount of any child support award is determined by state guidelines. The guidelines use a formula based upon the parents’ income, the age of the child, and the number of children supported.
    - - Alimony, is awarded to ensure an adequate income stream for spouses whose economic dependency has resulted from the marital relationship.
        
        • Periodic maintenance: a certain amount of money paid at set intervals, usually monthly. Obligation ends at the recipient’s death, remarriage, or a court-ordered modification.
        
        • Rehabilitative maintenance: awarded for a limited period of time to support the recipient in receiving education or training to be employable and self-supporting.
        
        • Lump sum maintenance: fixed amount of money, although may be paid in installments. The award is not modifiable.
        
        • Reimbursement maintenance: awarded if the recipient spouse made contributions in the marriage to the other spouse’s education, training, or increased earning capacity.
      - Factors
        
        • standard of living established during the marriage,
        
        • duration of marriage,
        
        • age and health of both parties,
        
        • financial resources of both parties,
        
        • contribution of each party to the marriage,
        
        • time needed to obtain education or training to enable either party to find appropriate employment, and
        
        • ability of payor spouse to meet her needs while paying support.
    - - Classify the property, value the assets, and divide the property.
        
        • Separate property: all property owned before the marriage, property acquired after the dissolution, and property acquired by gift or inheritance during the marriage.
        • Marital property: earnings from both parties and appreciation of marital property. Property acquired after the marriage is presumed to be marital property.
        
        • Community property approach: All property acquired during marriage is deemed owned one-half by each spouse. Each keeps separate property and the remainder is divided.
        • Equitable division of all property approach: All property owned, whether marital or separate, is divided between each spouse.
        • Equitable division of all marital property approach: Spouses keep separate property that includes property owned prior to the marriage, gifts, or inheritance and the remainder is divided.
- - - - • 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: must understand the nature of the marriage contract
        
        • Lack of consent: intoxication
      - • Fraud
      - • Prior marriage still in force