Family Law Jurisdiction
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Questions and Answers

Under which jurisdiction can a court enter or modify an order if no other state has or accepts home-state jurisdiction?

  • Home-State Jurisdiction
  • Exclusive-Continuing Jurisdiction
  • Significant-Connection Jurisdiction (correct)
  • Default Jurisdiction

    • Under which jurisdiction does a court have exclusive jurisdiction over the matter until the court determines that the parties no longer reside in the state?

  • Home-State Jurisdiction
  • Exclusive-Continuing Jurisdiction (correct)
  • Significant-Connection Jurisdiction
  • Default Jurisdiction

    • What is the condition for Significant-Connection Jurisdiction?

  • The child and both parents have a significant connection with the state
  • The child has a significant connection with the state
  • The child and at least one parent have a connection with the state
  • The child and at least one parent have a significant connection with the state (correct)

    • What is the last resort for jurisdiction when no other state has jurisdiction through home-state jurisdiction or substantial-connection jurisdiction?

    <p>Default Jurisdiction</p> Signup and view all the answers

    What is the requirement for a court to enter or modify an order under Significant-Connection Jurisdiction?

    <p>There is substantial evidence in the state concerning the child’s care, protection, training, and personal relationships</p> Signup and view all the answers

    When does a court lose exclusive jurisdiction over a custody case?

    <p>When the child no longer has a significant connection to the state, and any substantial evidence connected to the child’s condition is no longer available in the state</p> Signup and view all the answers

    According to the Supreme Court, what is a necessary condition for a state to exercise long-arm jurisdiction?

    <p>The defendant has purposefully availed himself of the privilege of conducting activities within the forum state.</p> Signup and view all the answers

    What is a condition for a state court to exercise jurisdiction to establish a child support order if a petition or comparable pleading is filed in another state?

    <p>All of the above.</p> Signup and view all the answers

    What is the purpose of child-support guidelines adopted by all jurisdictions?

    <p>To streamline the process by using objective bases for determining child-support awards.</p> Signup and view all the answers

    What is the primary reason for establishing paternity in the context of child support obligations?

    <p>To establish a financial obligation for the child's support.</p> Signup and view all the answers

    Under the UIFSA, which of the following is NOT a condition for a state court to exercise jurisdiction to establish a child support order?

    <p>The child is over 18 years old.</p> Signup and view all the answers

    What is the significance of the UIFSA in the context of child support obligations?

    <p>It provides a uniform law for child support obligations across all jurisdictions.</p> Signup and view all the answers

    In jurisdictions that retain the doctrine of necessaries, which spouse can a creditor sue for payment?

    <p>Either spouse, but the creditor must seek payment first from the incurring spouse</p> Signup and view all the answers

    Under what circumstances will courts order payment of support between spouses during their marriage?

    <p>When there are separation or divorce proceedings</p> Signup and view all the answers

    What is required for a court to have jurisdiction in a family-related dispute?

    <p>Both subject-matter and personal jurisdiction</p> Signup and view all the answers

    What is the effect of the Full Faith and Credit Clause on divorce decrees?

    <p>It applies to divorce decrees as long as one spouse was a resident of the state that granted the decree</p> Signup and view all the answers

    What is one of the powers of matrimonial courts in matrimonial actions?

    <p>Dividing property</p> Signup and view all the answers

    Which of the following is NOT a matter related to matrimonial actions?

    <p>Criminal proceedings</p> Signup and view all the answers

    What is the purpose of the doctrine of nonintervention in family law?

    <p>To respect the autonomy of intact families</p> Signup and view all the answers

    Which of the following is a typical statutory residency requirement for a court to have subject-matter jurisdiction?

    <p>Six weeks to two years</p> Signup and view all the answers

    In jurisdictions retaining the doctrine of necessaries, which spouse must a creditor seek payment from first?

    <p>The incurring spouse</p> Signup and view all the answers

    What is a necessary condition for a state to exercise long-arm jurisdiction, according to the Supreme Court?

    <p>The defendant has minimum contacts with the forum state</p> Signup and view all the answers

    What is the reason courts are reluctant to order payment of support between spouses during their marriage?

    <p>Due to the doctrine of nonintervention</p> Signup and view all the answers

    What type of jurisdiction must a court have to hear a family-related dispute?

    <p>Both subject-matter and personal jurisdiction</p> Signup and view all the answers

    Why have some states upheld the UIFSA's provision as meeting the requisite due-process requirements?

    <p>Because the UIFSA is based on the voluntary nature of the sexual act or conduct</p> Signup and view all the answers

    What is the purpose of child-support guidelines adopted by all jurisdictions?

    <p>To streamline the process by using objective bases for determining child-support awards</p> Signup and view all the answers

    What applies to divorce decrees as long as one of the spouses was a resident of the state that granted the decree?

    <p>The Full Faith and Credit Clause</p> Signup and view all the answers

    What types of powers do matrimonial courts have in matrimonial actions?

    <p>Full equity powers, including division of property, divorce or annulment, and more</p> Signup and view all the answers

    What is the condition for a state court to exercise jurisdiction to establish a child support order if a petition or comparable pleading is filed in another state?

    <p>All of the above</p> Signup and view all the answers

    What is a typical statutory residency requirement for a court to have subject-matter jurisdiction?

    <p>Six weeks to two years</p> Signup and view all the answers

    What is the key factor in determining the state's strong interest in protecting its minor children?

    <p>The state's strong interest in protecting its minor children in all regards, including financially</p> Signup and view all the answers

    What is the significance of the UIFSA in the context of child support obligations?

    <p>It provides a framework for determining child support obligations</p> Signup and view all the answers

    What is the purpose of the doctrine of nonintervention in family law?

    <p>To prevent courts from intervening in intact families</p> Signup and view all the answers

    What is the effect of the UIFSA on the obligation to support a child?

    <p>It does not limit the obligation to support a child in terms of time</p> Signup and view all the answers

    What type of jurisdiction is required for a court to hear a family-related dispute?

    <p>Subject-matter jurisdiction</p> Signup and view all the answers

    Under which jurisdiction can a court enter or modify an order if the child and at least one parent have a significant connection with the state?

    <p>Substantial-connection jurisdiction</p> Signup and view all the answers

    What is the primary condition for a court to have exclusive jurisdiction over a custody case?

    <p>The court makes the initial ruling in the custody case</p> Signup and view all the answers

    When does a court lose exclusive jurisdiction over a custody case?

    <p>When the parties no longer reside in the state</p> Signup and view all the answers

    What is the last resort for jurisdiction when no other state has jurisdiction through home-state jurisdiction or substantial-connection jurisdiction?

    <p>Default jurisdiction</p> Signup and view all the answers

    Under which jurisdiction can a court enter or modify an order if no other state has or accepts home-state jurisdiction and the child and at least one parent have a significant connection with the state?

    <p>Substantial-connection jurisdiction</p> Signup and view all the answers

    What is the condition for a court to have jurisdiction over a custody case?

    <p>The child and at least one parent have a significant connection with the state</p> Signup and view all the answers

    What is the purpose of the jurisdictional rules in custody cases?

    <p>To ensure that only one state has jurisdiction over a custody case</p> Signup and view all the answers

    What is the impact of the jurisdictional rules on custody cases?

    <p>They prevent multiple states from having jurisdiction over a custody case</p> Signup and view all the answers

    What is a factor that a court considers when deciding whether to decline jurisdiction in a custody case?

    <p>The distance between the competing jurisdictions</p> Signup and view all the answers

    Under what circumstances can a court exercise temporary emergency jurisdiction?

    <p>When the child is in danger and requires immediate protection</p> Signup and view all the answers

    What is a ground for a court to decline to exercise its jurisdiction?

    <p>If a party has engaged in unjustifiable conduct</p> Signup and view all the answers

    What happens to an emergency order if a prior custody order is in existence?

    <p>The court must allow a reasonable time period for the parties to return to the state of original jurisdiction</p> Signup and view all the answers

    What is a consideration for a court when deciding whether to decline jurisdiction?

    <p>The parties' relative financial circumstances</p> Signup and view all the answers

    What happens to an emergency order if there is no prior custody order?

    <p>The emergency order remains in effect until a decision is rendered by the child's home state</p> Signup and view all the answers

    Why might a court decline to exercise its jurisdiction?

    <p>If a party has engaged in unjustifiable conduct</p> Signup and view all the answers

    What is a factor that a court considers when deciding whether to exercise temporary emergency jurisdiction?

    <p>The immediate protection required by the child</p> Signup and view all the answers

    Under the doctrine of divisible divorce, what is the limit of a court's jurisdiction?

    <p>To grant a divorce but not determine property division, alimony, and child support</p> Signup and view all the answers

    What is the requirement for a nonresident defendant to challenge the court's orders under the doctrine of divisible divorce?

    <p>To demonstrate that the plaintiff was not domiciled in the divorcing state at the time that the judgment was granted</p> Signup and view all the answers

    What is the result if the attacking party litigated or had the opportunity to litigate in a collateral attack on an ex parte divorce?

    <p>The attacking party will be precluded from collaterally attacking the judgment in any jurisdiction</p> Signup and view all the answers

    Who can collaterally attack a divorce if standing exists?

    <p>A child or any other person with standing</p> Signup and view all the answers

    What is the reason why a third person may be precluded from collaterally attacking a divorce?

    <p>Because the third person is in privity with any party who would have been estopped from attacking the judgment themselves</p> Signup and view all the answers

    What is the result if the parties colluded to obtain an out-of-state divorce?

    <p>The parties will be precluded from collaterally attacking the judgment in any jurisdiction</p> Signup and view all the answers

    What is the purpose of the doctrine of divisible divorce?

    <p>To allow a court to grant a divorce but not determine property division, alimony, and child support</p> Signup and view all the answers

    What is the requirement for a court to have personal jurisdiction over a spouse in a divorce action?

    <p>The spouse must be domiciled in the state</p> Signup and view all the answers

    When can a court enter or modify an order under Significant-Connection Jurisdiction?

    <p>When the child and at least one parent have a significant connection with the state.</p> Signup and view all the answers

    What happens when a court determines that the parties no longer reside in the state and the child no longer has a significant connection to the state?

    <p>The court loses exclusive jurisdiction over the matter.</p> Signup and view all the answers

    What type of jurisdiction is a last resort when no other state has jurisdiction through home-state jurisdiction or substantial-connection jurisdiction?

    <p>Default Jurisdiction</p> Signup and view all the answers

    What is required for a court to have jurisdiction over a custody case?

    <p>The child and at least one parent have a significant connection with the state.</p> Signup and view all the answers

    What is the primary reason for the Exclusive-Continuing Jurisdiction rule?

    <p>To ensure that multiple states do not have jurisdiction over the same case.</p> Signup and view all the answers

    Under what circumstances can a court modify an order under Significant-Connection Jurisdiction?

    <p>When the child and at least one parent have a significant connection with the state, and there is substantial evidence in the state.</p> Signup and view all the answers

    What is the effect of the Exclusive-Continuing Jurisdiction rule on custody cases?

    <p>It ensures that only one state has jurisdiction over the case.</p> Signup and view all the answers

    When does a court lose Default Jurisdiction?

    <p>When another state gains home-state jurisdiction.</p> Signup and view all the answers

    What is the limitation of a court's jurisdiction in a divisible divorce?

    <p>It cannot determine property division, alimony, or child-support issues without personal jurisdiction over the other spouse</p> Signup and view all the answers

    How can a nonresident defendant challenge an ex parte divorce?

    <p>By demonstrating that the plaintiff was not domiciled in the divorcing state</p> Signup and view all the answers

    What is the result if a court makes a determination on property division, alimony, or child-support issues without personal jurisdiction over the other spouse?

    <p>The defendant can challenge the court's orders due to lack of in personam jurisdiction</p> Signup and view all the answers

    What is a collateral attack on jurisdiction?

    <p>An indirect attack on the court's jurisdiction by challenging a prior judgment</p> Signup and view all the answers

    What is the requirement for a third person to collaterally attack a divorce judgment?

    <p>The third person must have standing to challenge the judgment</p> Signup and view all the answers

    What happens if a party litigated or had the opportunity to litigate and does not challenge the judgment?

    <p>They are estopped from challenging the judgment</p> Signup and view all the answers

    What is the result if a third person is in privity with a party who would have been estopped from attacking the judgment?

    <p>The third person is estopped from attacking the judgment</p> Signup and view all the answers

    What is the purpose of the doctrine of divisible divorce?

    <p>To provide a way for a court to exercise jurisdiction over a divorce action</p> Signup and view all the answers

    What is required for a court to have jurisdiction in a family-related dispute?

    <p>Both subject-matter and personal jurisdiction</p> Signup and view all the answers

    What is the effect of the Full Faith and Credit Clause on divorce decrees?

    <p>It applies to divorce decrees as long as one of the spouses was a resident of the state that granted the decree</p> Signup and view all the answers

    What type of powers do matrimonial courts have in matrimonial actions?

    <p>Include full equity powers</p> Signup and view all the answers

    In jurisdictions retaining the doctrine of necessaries, which spouse must a creditor seek payment from first?

    <p>The incurring spouse</p> Signup and view all the answers

    What is the purpose of the doctrine of nonintervention in family law?

    <p>To promote marital harmony and avoid intervention in family matters</p> Signup and view all the answers

    What is a typical statutory residency requirement for a court to have subject-matter jurisdiction?

    <p>Six weeks to two years</p> Signup and view all the answers

    Under what circumstances will courts order payment of support between spouses during their marriage?

    <p>Only in cases of separation or divorce</p> Signup and view all the answers

    What is the significance of the Full Faith and Credit Clause in the context of family law?

    <p>It ensures the enforceability of divorce decrees across state lines</p> Signup and view all the answers

    Under what circumstances can a court decline to exercise its jurisdiction in a custody case?

    <p>If it finds the forum to be inconvenient after considering certain factors</p> Signup and view all the answers

    What is a factor that a court considers when deciding whether to decline jurisdiction in a custody case?

    <p>The distance between the competing jurisdictions</p> Signup and view all the answers

    What happens to an emergency order if a prior custody order is in existence?

    <p>A reasonable time period is allowed for the parties to return to the state of original jurisdiction and argue the issues</p> Signup and view all the answers

    Under what circumstances can a court exercise temporary emergency jurisdiction?

    <p>If the child is in danger and requires immediate protection</p> Signup and view all the answers

    What is a ground for a court to decline to exercise its jurisdiction?

    <p>If a party has engaged in unjustifiable conduct</p> Signup and view all the answers

    What is a consideration for a court when deciding whether to decline jurisdiction?

    <p>The ability of each state's court to decide the issue expeditiously</p> Signup and view all the answers

    When can a court decline to exercise its jurisdiction?

    <p>If it finds the forum to be inconvenient after considering certain factors</p> Signup and view all the answers

    What is one of the factors a court considers when deciding whether to decline jurisdiction?

    <p>Whether domestic violence has occurred and is likely to continue in the future</p> Signup and view all the answers

    What is the primary basis for a state's strong interest in protecting its minor children?

    <p>All regards, including financially</p> Signup and view all the answers

    What is the purpose of child-support guidelines adopted by all jurisdictions?

    <p>To streamline the process of determining child-support awards</p> Signup and view all the answers

    What is the requirement for a state court to exercise jurisdiction to establish a child support order if a petition or comparable pleading is filed in another state?

    <p>The petition must be filed before the expiration of the time allowed in the other state for filing a responsive pleading</p> Signup and view all the answers

    What is the effect of the UIFSA on the obligation to support a child?

    <p>There is no time limit on the assertion of jurisdiction</p> Signup and view all the answers

    What is the significance of the UIFSA in the context of child support obligations?

    <p>It provides a uniform framework for establishing child support obligations</p> Signup and view all the answers

    What is the condition for a state court to exercise jurisdiction to establish a child support order?

    <p>The state has a significant connection with the child</p> Signup and view all the answers

    What is the main reason why some states have upheld the UIFSA's provision as meeting the requisite due-process requirements?

    <p>The provision is based on the voluntary nature of the sexual act or conduct</p> Signup and view all the answers

    What is the requirement for modifying a child support order under the UIFSA?

    <p>The modification must be made in accordance with the UIFSA's jurisdictional requirements</p> Signup and view all the answers

    How can a court obtain personal jurisdiction in parentage actions?

    <p>By personal service on the defendant parent or consent of the defendant parent</p> Signup and view all the answers

    What is a basis for asserting personal jurisdiction in a parentage action?

    <p>The parent defendant engaged in sexual intercourse in the state</p> Signup and view all the answers

    When can a court assert personal jurisdiction in a parentage action?

    <p>When the parent defendant asserted parentage in the putative father registry</p> Signup and view all the answers

    What is another basis for exercising personal jurisdiction in a parentage action?

    <p>Past residency of the child in the state</p> Signup and view all the answers

    What is a condition for exercising personal jurisdiction in a parentage action?

    <p>Residency of the child in the state as a result of acts or directives of the parent defendant</p> Signup and view all the answers

    Under what condition can a state court exercise jurisdiction to establish a child support order if a petition or comparable pleading is filed in another state?

    <p>If the petition or comparable pleading in the state is filed before the expiration of the time allowed in the other state for filing a responsive pleading.</p> Signup and view all the answers

    What is the relevance of the home state of the child in exercising jurisdiction to establish a child support order?

    <p>It is a condition for a state court to exercise jurisdiction to establish a child support order.</p> Signup and view all the answers

    What is the impact of timely challenging the exercise of jurisdiction in the other state on a state court's jurisdiction to establish a child support order?

    <p>It allows the state court to exercise jurisdiction.</p> Signup and view all the answers

    What is the effect of filing a petition or comparable pleading in another state on a state court's jurisdiction to establish a child support order?

    <p>It allows the state court to exercise jurisdiction if certain conditions are met.</p> Signup and view all the answers

    What is the purpose of the conditions for a state court to exercise jurisdiction to establish a child support order?

    <p>To protect the rights of the child and the parties involved.</p> Signup and view all the answers

    What is the basis for determining child-support awards in most jurisdictions?

    <p>Income-shares model</p> Signup and view all the answers

    Which of the following models takes into account six specific considerations, such as the minimum amount that each supporting parent must retain?

    <p>Melson formula</p> Signup and view all the answers

    What is the presumption regarding the amount calculated pursuant to the child-support guidelines?

    <p>The amount is rebuttably presumed to be correct</p> Signup and view all the answers

    When can deviations from child-support guidelines be permitted?

    <p>As the circumstances warrant</p> Signup and view all the answers

    What is the purpose of child-support guidelines adopted by all jurisdictions?

    <p>To streamline the process of determining child-support awards</p> Signup and view all the answers

    What is included in the calculation of income for determining child-support awards?

    <p>Wages, salaries, interest, dividends, and other income</p> Signup and view all the answers

    What may be excluded when calculating net income for child-support purposes?

    <p>Taxes and necessary medical expenditures</p> Signup and view all the answers

    What must the court do if it determines that the amount set forth under the guidelines should be deviated from?

    <p>Set forth specific findings explaining and supporting the deviation</p> Signup and view all the answers

    What may the court do if a parent is unemployed or underemployed?

    <p>Impute an income to calculate the child-support award</p> Signup and view all the answers

    What is a factor that the court considers when determining the amount of child support?

    <p>The standard of living</p> Signup and view all the answers

    What happens to the child-support money once it is paid to the obligee?

    <p>The obligor is not permitted to monitor how the money is expended</p> Signup and view all the answers

    What is a consideration for the court when determining the amount of child support?

    <p>The best interests of the child</p> Signup and view all the answers

    What may the court modify if a parent earns a significant income far exceeding the child's needs?

    <p>The child-support award to provide solely for the child's needs</p> Signup and view all the answers

    Which of the following is a ground for a court to decline to exercise its jurisdiction over a custody case?

    <p>If there is a prior custody order in existence</p> Signup and view all the answers

    Under what circumstances can a court exercise temporary emergency jurisdiction?

    <p>If the child is in danger and needs immediate protection</p> Signup and view all the answers

    What is the primary purpose of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)?

    <p>To prevent jurisdictional disputes with courts in other states on matters of child custody and visitation</p> Signup and view all the answers

    What is the requirement for a court to have subject-matter jurisdiction over a custody case?

    <p>The court must possess subject-matter jurisdiction</p> Signup and view all the answers

    What happens to an emergency order if a prior custody order is in existence?

    <p>The emergency order is stayed pending further proceedings</p> Signup and view all the answers

    What is the condition for a court to have exclusive jurisdiction over a custody case?

    <p>The court must make the initial custody determination</p> Signup and view all the answers

    What is the last resort for jurisdiction when no other state has jurisdiction through home-state jurisdiction or substantial-connection jurisdiction?

    <p>Default Jurisdiction</p> Signup and view all the answers

    What is the condition for a court to enter or modify an order under Significant-Connection Jurisdiction?

    <p>The child and at least one parent have a significant connection with the state and there is substantial evidence in the state concerning the child’s care, protection, training, and personal relationships</p> Signup and view all the answers

    In which situation may a court decline to exercise its jurisdiction?

    <p>When a party has engaged in unjustifiable conduct, such as wrongfully removing a child from another state</p> Signup and view all the answers

    What factor does a court consider when deciding whether to decline jurisdiction in a custody case?

    <p>The parties' relative financial circumstances</p> Signup and view all the answers

    Under what circumstances can a court exercise temporary emergency jurisdiction?

    <p>When the child is in danger and requires immediate protection</p> Signup and view all the answers

    What happens to an emergency order if a prior custody order is in existence?

    <p>The court must allow a reasonable time period for the parties to return to the state of original jurisdiction and argue the issues at hand before that court</p> Signup and view all the answers

    What is the purpose of registering a custody order from another state?

    <p>To grant any relief available for enforcement of the registered order</p> Signup and view all the answers

    What is the significance of the Uniform Deployed Parents Custody and Visitation Act (UDPCVA)?

    <p>It integrates with the UCCJEA but applies specifically to parents who are also service members</p> Signup and view all the answers

    Under what circumstances can a law-enforcement official take action to enforce a custody order?

    <p>Both A and B</p> Signup and view all the answers

    When can a court issue a warrant for the petitioner to take physical possession of a child?

    <p>When the court finds that the child is likely to suffer serious physical injury or be removed from the state</p> Signup and view all the answers

    What is a ground for a court to decline to exercise its jurisdiction?

    <p>A party has engaged in unjustifiable conduct, such as wrongfully removing a child from another state</p> Signup and view all the answers

    What is the effect of registration of a custody order from another state?

    <p>The registering court can then grant any relief available for enforcement of the registered order</p> Signup and view all the answers

    What is the purpose of the PKPA?

    <p>To allocate powers and duties between states in child-custody disputes</p> Signup and view all the answers

    What is the standard for determining child custody?

    <p>The best interests and welfare of the child</p> Signup and view all the answers

    What is the exception to the Hague Convention's requirement for the return of a child wrongfully taken or retained in a foreign country?

    <p>If bringing the child back into the country would expose the child to grave physical or psychological harm</p> Signup and view all the answers

    What is the purpose of the International Parental Kidnapping Crime Act (IPKCA)?

    <p>To prohibit a parent from taking a child outside the United States and obstructing the other parent's physical custody of the child</p> Signup and view all the answers

    What happens to an order of a noncompliant jurisdiction under the PKPA?

    <p>It is not entitled to full faith and credit</p> Signup and view all the answers

    What is a factor considered by courts in determining who should have custody of a child?

    <p>The primary caretaker of the child during the marriage and the separation</p> Signup and view all the answers

    Why is there no longer a presumption for custody in favor of the mother?

    <p>Because modern jurisprudence recognizes the equal rights of both parents</p> Signup and view all the answers

    What is the purpose of the best-interests-of-the-child standard?

    <p>To determine the custody arrangement that is in the best interests and welfare of the child</p> Signup and view all the answers

    Under what circumstances can a local court modify an out-of-state decree?

    <p>The foreign court declines jurisdiction and the local court has proper jurisdiction, and the out-of-state party is given sufficient notice of the hearing in the local court.</p> Signup and view all the answers

    What is the purpose of requiring time barriers or a substantial change in circumstances in modifying a custody order?

    <p>To promote stability in the child's life.</p> Signup and view all the answers

    What happens if the custodial parent proposes to relocate with the minor child and the relocation will significantly impair the noncustodial parent's ability to see the child?

    <p>It will almost always constitute a substantial change in circumstances warranting a modification of the custody order.</p> Signup and view all the answers

    What is the trend of the courts in considering a custodial parent's request to relocate with the minor child?

    <p>To permit the custodial parent and child to relocate if a legitimate and reasonable purpose is demonstrated.</p> Signup and view all the answers

    What should an application to relocate with the minor child be based on?

    <p>Anticipated present facts, not speculative ones.</p> Signup and view all the answers

    What happens to an application to relocate made after the relocation has taken place?

    <p>It is highly criticized by the court.</p> Signup and view all the answers

    When can a court modify a custody order?

    <p>Absent relocation, a state retains subject-matter jurisdiction to modify the order while the child remains a minor.</p> Signup and view all the answers

    What is not a basis to withhold visitation or modify an existing child-custody order?

    <p>The failure to pay child support.</p> Signup and view all the answers

    What does the court consider in determining whether to permit a custodial parent to relocate with the minor child?

    <p>The best interests of the child, as well as other relevant factors.</p> Signup and view all the answers

    What is a consideration for the court in determining whether to permit a custodial parent to relocate with the minor child?

    <p>The impact of the relocation on the noncustodial parent's ability to see the child.</p> Signup and view all the answers

    What is a factor considered by jurisdictions when deciding whether to allow a parent to relocate with their child?

    <p>The child's preference, if the child is of sufficient maturity</p> Signup and view all the answers

    What happens to a child-custody order when the custodial parent dies?

    <p>The surviving parent generally receives custody of the child</p> Signup and view all the answers

    In what situation can a doctor be liable in tort?

    <p>When performing surgery on a minor child without parental consent</p> Signup and view all the answers

    What is the purpose of the doctrine of parens patriae?

    <p>To protect the rights of children</p> Signup and view all the answers

    What is a right of parents?

    <p>To decide the child's religious upbringing</p> Signup and view all the answers

    What can happen if a parent's religious beliefs conflict with what may be in the child's best interests?

    <p>The court can intervene to protect the child's interests</p> Signup and view all the answers

    What is a consideration in determining whether to grant a parent's request to relocate with their child?

    <p>The impact of the relocation on the child's development</p> Signup and view all the answers

    What can be a consequence of a parent's cohabitation with a nonmarital partner?

    <p>A change in custody may be granted if the cohabitation is having an adverse effect on the child</p> Signup and view all the answers

    What is a situation in which a court may intervene in a parent's decision?

    <p>When the parent's decision conflicts with what may be in the child's best interests</p> Signup and view all the answers

    What is a consideration in determining a parent's ability to raise their child?

    <p>The parent's ability to provide for the child's needs</p> Signup and view all the answers

    What is the fundamental right of a fit parent?

    <p>To the care, custody, and control of their children</p> Signup and view all the answers

    What is the focus of courts when examining the request of grandparents for visitation?

    <p>The decision of the fit parents and the best interests of the child</p> Signup and view all the answers

    What is the requirement for an unwed biological father to have contact with his child?

    <p>The father's demonstration of a commitment to the responsibilities of parenthood</p> Signup and view all the answers

    Can a court deny visitation merely because a parent has HIV/AIDS?

    <p>No, unless the opposing parent can demonstrate a specific danger to the child's physical or emotional health</p> Signup and view all the answers

    What is the remedy for interference or refusal to comply with a visitation order?

    <p>A change in custody or contempt proceedings</p> Signup and view all the answers

    What is the purpose of a habeas corpus proceeding in relation to child custody?

    <p>To allow a person to be heard by the court regarding custody of a child</p> Signup and view all the answers

    What is the effect of the Full Faith and Credit Clause on custody and visitation orders?

    <p>It requires states to enforce custody orders from other states</p> Signup and view all the answers

    What is the significance of a fit parent's decision in relation to grandparent visitation?

    <p>It is given significant weight in determining grandparent visitation</p> Signup and view all the answers

    What can be awarded to a parent for the period of time that the child is wrongfully out of their custody?

    <p>Tort damages</p> Signup and view all the answers

    What is the purpose of suits in equity actions in relation to custody orders?

    <p>To enforce custody orders</p> Signup and view all the answers

    What is the primary consideration in determining custody in most jurisdictions?

    <p>The best interests of the child</p> Signup and view all the answers

    Which of the following is a factor that courts consider when determining custody?

    <p>The wishes of the child</p> Signup and view all the answers

    What is the purpose of appointing a guardian ad litem in a highly contested child-custody case?

    <p>To advocate for the child's preferences</p> Signup and view all the answers

    What is the general rule regarding the separation of siblings in custody cases?

    <p>Courts traditionally avoid separating siblings</p> Signup and view all the answers

    What is the significance of the primary-caretaker doctrine in determining custody?

    <p>It considers the quantity and quality of the time spent with the parent</p> Signup and view all the answers

    In what circumstances may a court consider the parents' prior sexual conduct in determining custody?

    <p>In cases where it has a negative effect on the child</p> Signup and view all the answers

    What is the general rule regarding the rights of legal parents in custody cases?

    <p>Legal parents are presumptively entitled to custody</p> Signup and view all the answers

    What is the purpose of visitation or parenting time in custody cases?

    <p>To allow the noncustodial parent to have contact with the child</p> Signup and view all the answers

    In what circumstances may third parties, such as grandparents, be granted visitation or parenting time?

    <p>In cases where they have acted in loco parentis</p> Signup and view all the answers

    What is the significance of domestic violence in determining custody?

    <p>It is a consideration in determining custody, and courts may create rebuttable presumptions in favor of the nonabusive spouse</p> Signup and view all the answers

    What type of agreements define property division, spousal support, child support, custody, and visitation?

    <p>Property-settlement agreements</p> Signup and view all the answers

    What is a requirement for a premarital agreement to be enforceable?

    <p>All of the above.</p> Signup and view all the answers

    What is the primary consideration for courts when evaluating the fairness of a premarital agreement?

    <p>The parties' wealth, age, and health.</p> Signup and view all the answers

    What happens if a court determines that a premarital agreement is unconscionable?

    <p>The agreement will be set aside.</p> Signup and view all the answers

    What is the purpose of a property-settlement agreement?

    <p>To settle the economic issues of the marital estate.</p> Signup and view all the answers

    What is the burden of proving the invalidity of a premarital agreement?

    <p>By clear and convincing evidence.</p> Signup and view all the answers

    What happens to a premarital agreement if the marriage is voided?

    <p>The agreement is enforceable only if it will avoid an inequitable result.</p> Signup and view all the answers

    What is the significance of full disclosure in premarital agreements?

    <p>It demonstrates that each party exercised a meaningful choice.</p> Signup and view all the answers

    What is a consideration for courts when evaluating the procedural fairness of a premarital agreement?

    <p>The opportunity to be represented by independent counsel.</p> Signup and view all the answers

    What is the trend in enforcing premarital agreements?

    <p>Courts will enforce contractual agreements that may not be fair as long as there has been fair disclosure.</p> Signup and view all the answers

    What is the primary purpose of a premarital agreement?

    <p>To outline the division of property in the event of death or divorce</p> Signup and view all the answers

    What is the requirement for a premarital agreement to be enforceable?

    <p>A valid marriage must be established</p> Signup and view all the answers

    What is the main difference between a premarital agreement and a separation agreement?

    <p>A premarital agreement is made before the marriage, while a separation agreement is made during the marriage</p> Signup and view all the answers

    What is the purpose of the Uniform Premarital Agreement Act (UPAA)?

    <p>To provide a framework for premarital agreements and impose the same standards as for other contracts</p> Signup and view all the answers

    What is the result of some states amending the Uniform Premarital Agreement Act (UPAA)?

    <p>The enactment of the Uniform Premarital and Marital Agreements Act (UPMAA)</p> Signup and view all the answers

    What is the rule regarding clauses relating to child custody and support in a premarital agreement?

    <p>They are unenforceable and void</p> Signup and view all the answers

    What is the rule regarding which state's law will govern whether a premarital agreement is enforceable?

    <p>The law of the state with the most significant relationship to the agreement and the subsequent marriage</p> Signup and view all the answers

    What is the purpose of the Uniform Premarital and Marital Agreements Act (UPMAA)?

    <p>To apply the same standards and requirements for both marital agreements and premarital agreements</p> Signup and view all the answers

    What is a condition that may render a marital agreement unenforceable?

    <p>If one party was not independently represented.</p> Signup and view all the answers

    A marital agreement may be set aside if its result leaves one spouse:

    <p>Woefully impoverished to the extent of becoming dependent on the state.</p> Signup and view all the answers

    Which of the following is true regarding child-support provisions in a marital agreement?

    <p>A court may always modify child-support provisions.</p> Signup and view all the answers

    What is the primary consideration for enforcing contracts between unmarried cohabitants?

    <p>The exchange of financial support for other consideration.</p> Signup and view all the answers

    How do courts generally distribute property between unmarried cohabitants when there is no express contract?

    <p>Equitably, based on a resulting trust, constructive trust, or quantum meruit theory.</p> Signup and view all the answers

    What is the primary concern of the court when evaluating a marital agreement?

    <p>The reasonableness and fairness of the agreement.</p> Signup and view all the answers

    Why might a court set aside a marital agreement?

    <p>If the agreement is unfair and unreasonable.</p> Signup and view all the answers

    What is a key consideration when evaluating the voluntariness of a marital agreement?

    <p>Whether the individual was informed of their right to counsel and given the opportunity to consult counsel.</p> Signup and view all the answers

    Study Notes

    Jurisdiction in Child Custody Cases

    • A court can enter or modify an order if:
      • No other state has or accepts home-state jurisdiction
      • The child and at least one parent have a significant connection with the state
      • There is substantial evidence in the state concerning the child's care, protection, training, and personal relationships

    Default Jurisdiction

    • If no state has jurisdiction through home-state or significant-connection jurisdiction, a court in a state with appropriate connections to the child has jurisdiction

    Exclusive-Continuing Jurisdiction

    • Courts that make the initial ruling in a custody case have exclusive jurisdiction over the matter until:
      • The parties no longer reside in the state
      • The child no longer has a significant connection to the state, and any substantial evidence connected to the child's condition is no longer available in the state

    Long-Arm Jurisdiction

    • Due process requires an act by which the defendant purposefully avails himself of the privilege of conducting activities within the forum state
    • Several states have upheld the UIFSA's provision as meeting the requisite due-process requirements

    UIFSA Jurisdiction

    • A state court may exercise jurisdiction to establish a child support order if:
      • The petition or comparable pleading is filed after a pleading is filed in another state only if:
        • The petition or comparable pleading in the state is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state
        • The contesting party timely challenges the exercise of jurisdiction in the other state
        • If relevant, the state is the home state of the child

    Child Support

    • All jurisdictions have adopted child-support guidelines to streamline the process by using objective bases for determining child-support awards

    Signiificant Connection Jurisdiction

    • A court can enter or modify an order if:
      • No other state has or accepts home-state jurisdiction
      • The child and at least one parent have a signiificant connection with the state
      • There is substantial evidence in the state concerning the child's care, protection, training, and personal relationships

    Default Jurisdiction

    • If no state has jurisdiction through home-state jurisdiction or substantial-connection jurisdiction, then a court in a state with appropriate connections to the child has jurisdiction

    Exclusive-Continuing Jurisdiction

    • Courts that make the initial ruling in a custody case have exclusive jurisdiction over the matter until the court determines that:
      • The parties no longer reside in the state
      • The child no longer has a significant connection to the state, and any substantial evidence connected to the child's condition is no longer available in the state

    UIFSA Jurisdiction

    • A state court may exercise jurisdiction to establish a child support order if:
      • The petition or comparable pleading is filed after a pleading is filed in another state only if:
        • The petition or comparable pleading in the state is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state
        • The contesting party timely challenges the exercise of jurisdiction in the other state
        • If relevant, the state is the home state of the child

    Jurisdictional Requirements

    • For modification of a child-support order, see section III.E.3., Jurisdiction for Modification of Support
    • All jurisdictions have adopted child-support guidelines to streamline the process by using objective bases for determining child-support awards
    • A court hearing a family-related dispute must generally have both subject-matter jurisdiction and personal jurisdiction
    • Most states have statutory residency requirements, typically ranging from six weeks to two years, for a court to have subject-matter jurisdiction
    • The Full Faith and Credit Clause applies to divorce decrees as long as one of the spouses was a resident of the state that granted the decree

    Matrimonial Courts

    • Matrimonial courts have full equity powers in matrimonial actions, which include:
      • Division of property
      • Divorce or annulment
      • Custody
      • Support and alimony
      • Award of attorney's fees
      • Enforcement of separation agreements
      • All other matters related to matrimonial actions

    Divisible Divorce Doctrine

    • Under the doctrine of divisible divorce, a court may have sufficient jurisdiction to grant a divorce but lack such jurisdiction with respect to other divorce-related matters, such as property division, alimony, and child support

    Collateral Attack on Jurisdiction

    • The only way for the nonresident defendant to attack the issuance of an ex parte divorce is to demonstrate that the plaintiff was not domiciled in the divorcing state at the time that the judgment was granted or left the state's domicile immediately after the entry of the divorce

    When Courts Can Decline Jurisdiction

    • If a court has either initial or exclusive-continuing jurisdiction, the court may decline to exercise such jurisdiction if it finds the forum to be inconvenient after considering the following factors:
      • Whether domestic violence has occurred and is likely to continue in the future, and which state could best protect the parties and the child
      • The length of time the child has resided outside of the jurisdiction
      • The distance between the competing jurisdictions
      • The parties' relative financial circumstances
      • Any agreement of the parties regarding which state should assume jurisdiction
      • The nature and location of the evidence required to resolve the pending litigation, including the child's testimony
      • The ability of each state's court to decide the issue expeditiously and the procedures necessary to present the evidence
      • The familiarity of each state's court with the facts and issues in the pending litigation

    Temporary Emergency Jurisdiction

    • A jurisdiction that does not otherwise have jurisdiction may obtain temporary emergency jurisdiction and enter an order if the child is in danger and requires immediate protection
    • If a prior custody order is in existence, then the court rendering the emergency order must allow a reasonable time period for the parties to return to the state of original jurisdiction and argue the issues at hand before that court

    Signiificant Connection Jurisdiction

    • A court can enter or modify an order if:
      • No other state has or accepts home-state jurisdiction
      • The child and at least one parent have a signiificant connection with the state
      • There is substantial evidence in the state concerning the child's care, protection, training, and personal relationships

    Default Jurisdiction

    • If no state has jurisdiction through home-state jurisdiction or substantial-connection jurisdiction, then a court in a state with appropriate connections to the child has jurisdiction

    Exclusive-Continuing Jurisdiction

    • Courts that make the initial ruling in a custody case have exclusive jurisdiction over the matter until the court determines that:
      • The parties no longer reside in the state
      • The child no longer has a significant connection to the state, and any substantial evidence connected to the child's condition is no longer available in the state

    UIFSA Jurisdiction

    • A state court may exercise jurisdiction to establish a child support order if:
      • The petition or comparable pleading is filed after a pleading is filed in another state only if:
        • The petition or comparable pleading in the state is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state
        • The contesting party timely challenges the exercise of jurisdiction in the other state
        • If relevant, the state is the home state of the child

    Jurisdictional Requirements

    • For modification of a child-support order, see section III.E.3., Jurisdiction for Modification of Support
    • All jurisdictions have adopted child-support guidelines to streamline the process by using objective bases for determining child-support awards
    • A court hearing a family-related dispute must generally have both subject-matter jurisdiction and personal jurisdiction
    • Most states have statutory residency requirements, typically ranging from six weeks to two years, for a court to have subject-matter jurisdiction
    • The Full Faith and Credit Clause applies to divorce decrees as long as one of the spouses was a resident of the state that granted the decree

    Matrimonial Courts

    • Matrimonial courts have full equity powers in matrimonial actions, which include:
      • Division of property
      • Divorce or annulment
      • Custody
      • Support and alimony
      • Award of attorney's fees
      • Enforcement of separation agreements
      • All other matters related to matrimonial actions

    Divisible Divorce Doctrine

    • Under the doctrine of divisible divorce, a court may have sufficient jurisdiction to grant a divorce but lack such jurisdiction with respect to other divorce-related matters, such as property division, alimony, and child support

    Collateral Attack on Jurisdiction

    • The only way for the nonresident defendant to attack the issuance of an ex parte divorce is to demonstrate that the plaintiff was not domiciled in the divorcing state at the time that the judgment was granted or left the state's domicile immediately after the entry of the divorce

    When Courts Can Decline Jurisdiction

    • If a court has either initial or exclusive-continuing jurisdiction, the court may decline to exercise such jurisdiction if it finds the forum to be inconvenient after considering the following factors:
      • Whether domestic violence has occurred and is likely to continue in the future, and which state could best protect the parties and the child
      • The length of time the child has resided outside of the jurisdiction
      • The distance between the competing jurisdictions
      • The parties' relative financial circumstances
      • Any agreement of the parties regarding which state should assume jurisdiction
      • The nature and location of the evidence required to resolve the pending litigation, including the child's testimony
      • The ability of each state's court to decide the issue expeditiously and the procedures necessary to present the evidence
      • The familiarity of each state's court with the facts and issues in the pending litigation

    Temporary Emergency Jurisdiction

    • A jurisdiction that does not otherwise have jurisdiction may obtain temporary emergency jurisdiction and enter an order if the child is in danger and requires immediate protection
    • If a prior custody order is in existence, then the court rendering the emergency order must allow a reasonable time period for the parties to return to the state of original jurisdiction and argue the issues at hand before that court

    Ways to Obtain Personal Jurisdiction in Court

    • Personal service on the defendant parent can grant personal jurisdiction.
    • Defendant parent's consent, such as entering an appearance in the action, can also establish personal jurisdiction.
    • A court can obtain personal jurisdiction if the defendant parent has previously resided in the state with the child.
    • Providing prenatal expenses or support for the child in the state can also be a basis for personal jurisdiction.
    • If the child resides in the state due to the parent defendant's actions or directives, personal jurisdiction can be established.
    • Engaging in sexual intercourse in the state, which may have resulted in the child's conception, can be a basis for personal jurisdiction.
    • Asserting parentage in the state's putative father registry can also grant personal jurisdiction.
    • Any other basis that is consistent with federal and state constitutions can be used to exercise personal jurisdiction.

    Obtaining Personal Jurisdiction in Parentage Actions

    • Personal jurisdiction can be obtained through personal service on the defendant parent.
    • Consent of the defendant parent, such as entering an appearance in the action, can also establish personal jurisdiction.
    • Past residency with the child in the state is a basis for personal jurisdiction.
    • Providing prenatal expenses or support for the child while residing in the state is another way to establish personal jurisdiction.
    • If the child resides in the state as a result of the parent defendant's acts or directives, personal jurisdiction can be obtained.
    • Engaging in sexual intercourse in the state, which may have resulted in the conception of the child, is a basis for personal jurisdiction.
    • Asserting parentage in the putative father registry maintained by the state can also establish personal jurisdiction.
    • Any other basis consistent with federal and state constitutions for the exercise of personal jurisdiction is also acceptable.

    UIFSA and Jurisdiction in Parentage Actions

    • A state court can establish a child support order if the petition or comparable pleading is filed after a pleading in another state, but only under certain conditions.
    • The first condition is that the petition or comparable pleading in the state must be filed before the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state.
    • The second condition is that the contesting party must timely challenge the exercise of jurisdiction in the other state.
    • The third condition, if relevant, is that the state is the home state of the child.
    • These conditions are stated in UIFSA § 204.

    Child Support Guidelines

    • Jurisdictions have adopted child-support guidelines to streamline the process, using objective bases for determining child-support awards.

    Calculating Support

    • Income-shares model is used in most jurisdictions, operating on the theory that a child should receive the same proportion of parental income as if the parties continued to live together.
    • Percentage-of-income model is used in some jurisdictions, determining the minimum amount of child support by using a percentage of the supporting parent's net income, depending on the number of children supported.
    • Certain expenditures, such as taxes or necessary medical expenditures, may be excluded when calculating net income.
    • Melson formula is similar to the income-shares model, but takes into account six specific considerations, including minimum amount each supporting parent must retain, number of supporting parent's dependents, and a Standard of Living Adjustment (SOLA).

    Deviations from Child-Support Guidelines

    • There is a rebuttable presumption that the amount calculated pursuant to the child-support guidelines is correct.
    • Deviations are permitted as circumstances warrant, with specific findings explaining and supporting the deviation.
    • If a parent is unemployed or underemployed, the court may impute an income to calculate the child-support award.
    • If the parent(s) earn a significant income far exceeding the needs of the child, the court may modify the award to provide solely for the child's needs.

    Other Considerations

    • Courts consider additional factors in determining the amount of support, including:
      • Ages of the children
      • Unusual needs and unusual obligations (e.g., special education)
      • Support obligations of the parties
      • Assets of the parties
      • Medical expenses outside of insurance coverage
      • Standard of living
      • Duration of marriage, for spousal support or alimony pendente lite
      • Best interests of the child

    Post-Award

    • Once a child-support award has been paid, the obligor is not permitted to monitor how the money is expended.

    Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

    • Purpose: to prevent jurisdictional disputes between courts in different states on matters of child custody and visitation.
    • All states except Massachusetts have adopted the UCCJEA.

    Initial Custody Determination (Home-State Jurisdiction)

    • A court has subject-matter jurisdiction to preside over custody hearings and enter or modify custody or visitation orders if:
      • The state is the child's home state (where the child has lived with a parent or guardian for at least six consecutive months immediately prior to the custody proceeding, or since birth, if the child is less than six months old).
      • The state was the child's home state in the past six months, and the child is absent from the state, but one of the parents (or guardians) continues to live in the state.

    Significant-Connection Jurisdiction

    • A court can enter or modify an order if:
      • No other state has or accepts home-state jurisdiction.
      • The child and at least one parent have a significant connection with the state.
      • There is substantial evidence in the state concerning the child's care, protection, training, and personal relationships.

    Default Jurisdiction

    • If no state has jurisdiction through home-state jurisdiction or significant-connection jurisdiction, then a court in a state that has appropriate connections to the child has jurisdiction.

    Exclusive-Continuing Jurisdiction

    • Courts that make the initial ruling in a custody case have exclusive jurisdiction over the matter until the court determines that:
      • The parties no longer reside in the state.
      • The child no longer has a significant connection to the state, and any substantial evidence connected to the child's condition is no longer available in the state.

    When Courts Can Decline Jurisdiction

    • If a court has either initial or exclusive-continuing jurisdiction, the court may decline to exercise such jurisdiction if it finds the forum to be inconvenient after considering factors such as:
      • Domestic violence.
      • Length of time the child has resided outside the jurisdiction.
      • Distance between competing jurisdictions.
      • Parties' relative financial circumstances.
      • Agreements between parties.
      • Location and nature of evidence required.
      • Ability of each state's court to decide the issue expeditiously.
      • Familiarity of each state's court with the facts and issues.
      • Unjustifiable conduct, such as wrongfully removing a child from another state.

    Temporary Emergency Jurisdiction

    • A jurisdiction that does not otherwise have jurisdiction may obtain temporary emergency jurisdiction and enter an order if:
      • The child is in danger and requires immediate protection.
      • If a prior custody order is in existence, the court rendering the emergency order must allow a reasonable time period for the parties to return to the state of original jurisdiction and argue the issues at hand before that court.
      • If there is no prior custody order, the emergency order remains in effect until a decision is rendered by the child's home state.

    Enforcement of Another State's Orders

    • A custody order from another state can be registered with or without a simultaneous request for enforcement.
    • The registering court can then grant any relief available for enforcement of the registered order.

    Expedited Enforcement of a Child-Custody Determination

    • The UCCJEA uses a process similar to habeas corpus.
    • The respondent must appear in person at a hearing held on the first judicial day after service of the order.
    • The petitioner will be awarded immediate physical possession of the child unless:
      • The custody or visitation order was not registered.
      • The issuing court did not have jurisdiction.
      • The order had been stayed or vacated.
      • The respondent was entitled to notice, but notice was not given before the court issued the order.

    Warrant for Child Custody

    • The court may issue a warrant, upon a petitioner's request, for the petitioner to take physical possession of a child if it finds that the child is likely to suffer serious physical injury or be removed from the state.

    Law Enforcement

    • The UCCJEA allows any law-enforcement official to take any lawful action to enforce a custody order or obtain the return of a child.

    Uniform Deployed Parents Custody and Visitation Act (UDPCVA)

    • The UDPCVA integrates with the UCCJEA but applies specifically to parents who are also service members.
    • The act provides that when imminent deployment is not an issue, courts cannot use a parent's deployment as a negative factor in determining the best interests of the child.
    • The act sets out a procedure for out-of-court custody agreements, sets guidelines for temporary custody, and prohibits entry of permanent custody orders before or during deployment without the service-member parent's consent.

    Parental Kidnapping Prevention Act (PKPA)

    • Applies to civil interstate custody disputes, including visitation rights, not just parental kidnapping cases
    • Takes precedence over conflicting state law under the Supremacy Clause of the U.S. Constitution
    • Discourages forum shopping between states and allocates powers and duties between states when a child-custody dispute arises
    • Orders from noncompliant jurisdictions are not entitled to full faith and credit

    Best-Interests-of-the-Child Standard

    • Determines child custody based on the best interests and welfare of the child
    • Typically, a parent is in the best position to care for a minor child, unless determined unfit
    • Courts consider factors such as who the primary caretaker of the child was during the marriage and separation

    Factors in Determining Custody

    • Race or religion: generally not considered in determining custody
    • Parents' sexual conduct: may not be considered in making a custody decision, unless it has a negative effect on the child
    • Third-party rights: legal parents are presumptively entitled to custody, unless the legal parent is unfit or it would be detrimental to the child
    • Child's preference: considered if the child has sufficient maturity to express a preference
    • Guardian ad litem: may be appointed to advocate for the child's preferences
    • Siblings: courts avoid separating siblings to maintain stability and promote sibling relationships
    • Domestic violence: courts consider the presence of domestic violence when awarding custody

    Visitation and Parenting Time

    • Generally, the noncustodial parent is allowed reasonable visitation with the child
    • Denial of visitation is unusual and typically only an issue when it would seriously endanger the child's health
    • Courts place restrictions on visitation, such as supervised parenting time or denial of overnight visits
    • Third parties, like grandparents, may seek visitation, but it is limited to cases where they have acted in loco parentis

    Enforcement of Custody and Visitation Orders

    • Parties seeking enforcement can request assistance through the court system
    • Sanctions may include compensatory visitation, attorney's fees, court costs, fines, and jail time
    • Tort damages may be awarded to a parent for the period of time the child is wrongfully out of their custody
    • A habeas corpus proceeding is a way to be heard by the court and revisit the issue of which placement is in the best interests of the child

    Modification of Custody Orders

    • A state retains subject-matter jurisdiction to modify the order while the child remains a minor
    • Most jurisdictions apply a change-in-circumstances standard, requiring a substantial and unforeseen change
    • The purpose is to promote stability in the child's life
    • Violation of a child visitation order does not automatically change the designated custodial parent
    • Failure to pay child support is not a basis to withhold visitation or modify an existing child-custody order

    Relocation

    • The law regarding relocation with a minor child is diverse
    • Some jurisdictions consider the relevant facts and place the predominant weight on the best interests of the child
    • The custodial parent seeking relocation bears the burden of demonstrating that the relocation is for a legitimate and reasonable purpose
    • Factors considered include the nature of the nonrelocating parent's involvement, the age and needs of the child, and the ability to preserve the relationship with the nonrelocating parent

    Marital Agreements

    • Subject to principles of contract law, like other legal agreements.

    Types of Marital Agreements

    • Premarital Agreements:
      • A contract made before marriage, typically covering property division and spousal support in case of divorce or death.
      • Valid marriage is sufficient consideration.
      • Must expressly state applicability to divorce proceedings.
      • Clauses relating to child custody and support are unenforceable.
      • Uniform Premarital Agreement Act (UPAA) is a uniform law governing these contracts.
      • Adopted in 26 jurisdictions, with individual states amending it in various ways.
      • UPAA applies same standards and requirements for both marital and premarital agreements.
      • Two states, Colorado and North Dakota, have enacted the Uniform Premarital and Marital Agreements Act (UPMAA).
    • Separation Agreement:
      • Made between spouses planning for divorce.
      • Defines property division, spousal support, child support, custody, and visitation.
      • Court generally enforces spousal maintenance and property division provisions if not unconscionable or based on fraud.
      • Provisions related to child support and custody are modifiable by the court if not in the best interests of the child.
      • Agreements are generally merged into the final judgment for divorce, as long as they are based on full and fair disclosure.
      • Enforcement is based on contract law rather than judgment enforcement if no merger occurs.
    • Property-Settlement Agreement:
      • Enters into by parties before a divorce decree is issued.
      • Settles the economic issues of the marital estate.
      • Court generally enforces spousal maintenance and property division provisions if not unconscionable or based on fraud.

    Validity of Marital Agreements

    • A premarital agreement is enforceable if:
      • There has been full disclosure.
      • The agreement is fair and reasonable.
      • It is voluntary.
      • The agreement is in writing and signed by the party to be charged.
      • Agreements may be amended or revoked after the marriage, provided both parties sign a written agreement to that effect.
      • Burden of proving its invalidity is by clear and convincing evidence.

    Factors Affecting Enforceability

    • Full Disclosure:
      • Premarital agreements must provide full disclosure of financial status, including income, assets, and liabilities of all parties.
      • Disclosure is important to demonstrate that each party exercised a meaningful choice when they agreed to the terms of the contract.
      • Absent full disclosure, a court will generally refuse to enforce the agreement.
    • Fair and Reasonable:
      • Courts consider the parties' wealth, age, and health to determine if the agreement is fair.
      • Courts look at both procedural and substantive fairness.
      • An agreement obtained by fraud, duress, or undue influence may be set aside as procedurally unfair.
      • Courts may also look at the terms of the agreement itself to see if they are so unfair as to be unconscionable.
      • Most courts evaluate fairness at the time of execution of the contract, and a minority of jurisdictions will evaluate it at both the time of execution and the time of enforcement.
      • The current trend is for courts to enforce contractual agreements that may not be fair as long as there has been fair disclosure.
    • Voluntary:
      • Parties must enter into the contract voluntarily (i.e., free of fraud, duress, or misrepresentation).
      • Courts consider factors such as time-pressure, the parties' previous business experience, and the opportunity to be represented by independent counsel.
      • A party's insistence on the agreement as a condition to marriage is not considered duress.
    • Impoverished Spouse:
      • Even if a valid agreement has been voluntarily executed and it meets the test for reasonableness, fairness, and full disclosure, the agreement may be set aside if its result leaves one spouse woefully impoverished to the extent that they become dependent on the state (i.e., welfare).

    Modification of Marital Agreements

    • A court may uphold a provision in a marital agreement that prevents modification of property rights, including spousal support.
    • A court may always modify child-support provisions in a marital agreement even if the agreement states that no modifications may be made.

    Agreements Between Unmarried Cohabitants

    • Cohabitation Agreements:
      • Contracts between unmarried persons are invalid if the only consideration is sexual relations.
      • Agreements in which other consideration, such as full-time companionship or cooking, is exchanged for financial support will generally be enforced.
      • These contracts may be express, regarding earnings or property rights, or implied.
      • Courts are less likely to enforce an implied contract.
    • Property Division Between Unmarried Cohabitants:
      • When there is no express contract, courts will generally provide for equitable distribution of property based on a resulting trust, constructive trust, or quantum meruit theory to avoid unjust enrichment.

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    Family Law PDF

    Description

    This quiz covers the rules and principles governing jurisdiction in family law cases, including significant connection and default jurisdiction.

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