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FAMILY LAW - Coggle Diagram
FAMILY LAW
Parent & Children
termination of PR
emancipation, voluntary termination, involuntary termination, abandonment, neglect, abuse
adoption: bio parents must consent; no consent if termination/abandonment; father entitled to DP if contests
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Establishing parentage
presumption of marital paternity, putative fathers, parents married after child's birth & man vol asserted paternity, parents resided in same hh for first 2 yrs of child's life & man openly held child as his own
Divorce
Child Custody
Jurisdiction: UCCJEA; home state of child maintains jurisdiction to grant OG order & also to modify it
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$ Issues
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Spousal Maintenance
periodic, lump sum, rehabilitative, reimbursement
$ factors
standard of living during marriage, duration of marriage, age&health of both parties, contribution of each to marriage, time needed to obtained edu/training to find appropriate employment, ability of payor to meed her needs while paying support
Property Division
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Separate prop: owned before marriage, gifts or inheritance during marriage
community approach: all property acquired during marriage deemed owned by 1/2 of each; each keeps separate
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equitable distribution of marital property: spouses keep separate property and remaining is divideed
Marriage
Establishing marriage
Procedural Req: license, solemnization
CL Marriage: minority of states, recognition by another state, 2nd state must recognize valid marriage from another state; FFCC(Const)
State Specific Requirements: consent, cohab, holding out as H/W, capacity
Limitations: age, not closely related, mental capacity, lack of consent, fraud, prior marriage; putative spouse
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Antinups: contracts, SoF applies