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Family Law - Coggle Diagram

- - - - presumption of marital paternity
        
        can be rebuttable (Clear and convincing evidence)
      - Putative fathers: an alleged father when the child has a presumed father
      - uniform Parentage act
  - - - age of majority set by statute
      - financial independence and maturity are considerations
      - minor who marries before the age of majority
    - - Due process concerns
        
        hearing
        
        notice
    - - abandonment
      - neglect
      - abuse
  - - - committed fathers is entitled to due process if he chooses to protest the adoption
    - - biological parents must consent to the adoption by the adopting parents
      - not required if the biological parents right have been terminated or they have abandoned the child
    - - the adoptive parents have all the legal rights and responsibilities with their child as if they were the biological parents
- - - - 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.
  - - - determined by state guidelines
      - uses parents income, age of child, and the number of children supported.
      - can be modified based upon a substantial change in circumstances
    - - also known as alimony - is awarded to ensure an adequate income stream for spouses whose economic dependency has resulted from the marital relationship.
      - types
        
        Periodic maintence
        
        lump sum maintencance
        
        Rehabilitative
        
        Reimbursement maintenance
      - Factors
        
        standard of living
        
        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
        
        ability of payor spouse to meet her needs while paying support
      - terminates at death
    - - Classify 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
        
        martial property: earnings from both parties and appreciation of marital property. property acquired after the marriage is presumed to be marital property.
        
        mixed property issues: commingled property, transmuted separate property, and imporvement of separate property.
        
        specific property interest
        
        marital residence
        
        pensions
        
        stock options
        
        professional degrees and licenses
        
        professional practice and goodwill
      - value the assets
        
        not usually tested. require expert witnesses to praise the property
      - divide the property
        
        community property approach
        
        equitable division of all property approach
        
        equitable division of all marital property approach
- - - - 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 Crew Clause of the Constitution
      - Requirements
        
        Consent
        
        Cohabtation
        
        Holding out as husband and wife
        
        legal cpacity
    - - Age: parental consent required if under 18. Stat 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
      - Fruad
      - Prior marriage still in force
  - - - Effect: may have equitable spousal inheritance rights, but rights of property division and support are same as annulment
    - - May have statutory, contractual, or equitable rights that vary by state
    - - Bigamy = void
      - Closely-related (incest) = void
      - under age = voidable
      - impotence = voidable
      - Temporary incapacity = voidable
      - mental incompetence = voidable
  - - - basic contract formation
      - procedural fairness
      - fair terms