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Family Law [Essay] - Coggle Diagram

- - - - wishes of the parent/child
      - interactions and relationships with the family and others
      - child's adjustment to home, schools nd community
      - mental and physical health of individuals involved
    - - balancing test
  - - - determined by state guidelines
      - cannot deny visitation for refusal to pay support
      - rebuttable formula
      - modifiable based. on substantial change in circumstances
      - terminated by emancipation or death
    - - types
        
        periodic
        
        a certain amount of money paid at set intervals, usually monthly
        
        ends at death, remarriage, or court-ordered modification
        
        lump sum
        
        fixed amount, may be in installments, is not modifiable
        
        rehabilitative
        
        for a limited period to support recipient in receiving education or training to become employable and self-supporting
        
        reimbursement
        
        awarded if the recipient spouse maid contributions in the marriage to the other spouses education, training or increased earning capacity
      - factors
        
        standard of living
        
        duration of the marriage
        
        age and heath of both parties
        
        financial recourses of both parties
        
        contributions throughout the marriage
        
        time needed to obtain an education or training to enable employment
        
        ability of payor spouse to meet her needs while paying support
    - - separate property
        
        all property owned before the marriage, gifts or inheritance during the marriage
      - marital property
        
        earnings of both parties during the marriage, or appreciatiation of marital property
      - commingled property
        
        separate property became marital property through mingling with marital property
      - transmuted property
        
        if separate property is treated in the way that evidences it is meant to be marital property
      - community property
        
        all property acquired during the marriage is deemed owned one-half by each spouse, separate property stays separate
      - equitable division of all property
        
        all property is divided between each spouse according to factors
      - equitable division of all marital property
        
        spouses keep their seperate property and all other property is divided based on factors
        
        factors
        
        age, education and earning capacity
        
        duration of marriage
        
        standard of living
        
        present income
        
        source of funds
        
        health
        
        parties' needs
        
        child custody
        
        contribution as a homemaker
        
        evidence of dissipation
      - not modifiable
  - - - irrevocably broken marriage
    - - if the parties were married there or if one party is domiciled in the jurisdiction
      - do not need personal jurisdiction for dissolution (in rem action), but do need personal jurisdiction over both parties for support and property rights
      - child custody and visitation are governed under the Uniform Child Custody Jurisdiction and Enforcement Act
        
        home state is where the child has lived with a parent for at least six consecutive months prior to the commencement of the matter
- - - - child born during marriage is the child of husband
    - - alleged father who is the child's presumed father
        
        Uniform Parentage Act
        
        parents married after the child's birth are presumed to voluntarily assert paternity
        
        parents who reside in the same household for the first two years of life and holds the child out as his own
  - - - age of majority in state by statute
      - financial independence and maturity are considered
      - minor who marries before the age of majority
    - - due process concerns
        
        notice
        
        hearing
      - considerations
        
        abandonment
        
        neglect
        
        abuse
  - - - unless biological parents rights have been terminated
- - - - 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
        
        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 stil in force
    - - one who entered into a ceremonial marriage and had a good faith belief that the marriage was valid
        
        in some states, still have rights that are conferred upon a legal spouse and equitable remedies
    - - no legally recognized status
        
        most states recognize contracts between partners concerning support as property, as long as there is consideration beyond a sexual relationship
      - state will utilize equitable remedies such as quantum meruit
  - - - bigamy and closely related (incest)
    - - if one partner dies, the marriage cannot be attacked for viodability
      - underage, impotence, temporary incapacity, mental incompetence
  - - - consideration is the entry into the marriage
      - Statute of Frauds applies
      - must follow basic contract formation, procedural fairness, and substantively fair terms