Family Law Fall 2022 Outline PDF

**Ch. 1: Marriage, Family and Privacy in Contemporary America** I. Families and the Law: Public Law A. The Purposes of Family Law B. Defining the Family II\. Families and the Law: The Right of Privacy A. Contraceptives as a Fundamental Right **Ch. 2: Entering Marriage** II\. Polygamy III\. I...

**Ch. 1: Marriage, Family and Privacy in Contemporary America** I. Families and the Law: Public Law A. The Purposes of Family Law B. Defining the Family II\. Families and the Law: The Right of Privacy A. Contraceptives as a Fundamental Right **Ch. 2: Entering Marriage** II\. Polygamy III\. Incestuous Marriage IV\. Minimum Age at Marriage V. Consent to Marriage VI\. Annulment A. Grounds for an Annulment B. Annulment vs Divorce C. Church's Involvement D. Common Law States VII\. Marriage Formalities B. Uniform Marriage and Divorce Act-UMDA (1998) C. Forgiveness for failure to satisfy all required formalities D. Limits on the presumption of validity of marriage E. Who are qualified officiants of marriages- F. Marriage by Proxy G. Premarital Waiting Period [VIII. Common-Law Marriage] [B. How can they confirm cohabitation and public repute? ] [C*. In Re Estate of Hunsaker (1998) -- GAVE THE GUIDELINES FOR COMMON LAW MARRIAGES.* ] **Not common law marriage!!! The court failed to recognize the marriage.** **EXAM::: How would you approach an analysis of the following:** 1. 2. 3. IX\. **The Putative Spouse Doctrine** A. Key Facts: B. **Elements for the putative spouse doctrine**: C. *Williams v. Williams* (2004) - unique case!!!! *Patton v. Cities of Philadelphia & New Orleans, 1846* In *Patton v. Cities of Philadelphia & New Orleans*, a husband left his legal wife in New York and represented himself as a widow to a woman who would later become his putative wife. - - - - *Prince v. Hopson, 1956* - - - - - - **Ch. 3: Social and Economic Rights and Obligations** A. The Common Law B. Family Names C. Women's Contemporary Legal Status D. Gender and Equal Protection of Women's Rights 1. II\. Work and Family: Domestic and Economic Roles A. The Family and Medical Leave Act (FMLA), 1993 B. The Pregnancy Discrimination Act (PDA), 1964 C. Family Responsibility Discrimination (FRD) III\. Interspousal Support Obligations A. The General Support Obligation B. Necessaries Doctrine B. Property Rights of a Spouse \*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\* MISSING \*\* powerpoint after 9/18 C. Spousal Property Distribution upon Death \*IN LA, a child who s physically or mentally disabled may NOT be disinherited under any conditions. IV\. Medical Decision-making for One's Spouse A. Married Women: Pregnancies Three factors concerning pregnant minors ----from an earlier decision in Bellord v. Baird. 1. 2. 3. B. Casey's Vitality V. Medical Decisions A. Medical Decisions for Competent Adults B. Making Medical Decisions for Incompetent Adults VI\. Confidential Relationships: Evidentiary Privileges A. Marital Privileges: VII\. Families and Married Couples Finances A. Tax Rules B. Earned Income Tax Credit (EITC) C. Social Security and Spousal Benefits D. Income Tax Issues **Ch. 4: Non-Marital Couples** **I. Marriage vs. Cohabitation Couples:** **II. Cohabitation: Contract-Based Agreements:** A. Establishing or Rejecting Rights **[B. No Recognition of Cohabitant Rights]** **[III. Status Based Property Rights]** A. Meretricious = Committed Intimate Relationship IV\. Domestic Partners: Family Dissolutions Recommendations of the American Law Institute (ALI) V. Other Nonmarital Cohabitation Issues A. Unequal Legal Protections B. Federal law does not treat nonmarital cohabitants as married **[VI. Domestic Partnerships and Civil Unions]** A. Domestic Partnership B. Civil Unions **[C. Reciprocal and Designated Beneficiaries]** **EXAM:** **Ch. 5: Establishing Parenthood:** I. Marital and Nonmarital Parents **Putative Father - a father with legal rights.** **De Facto Parenhood - PAGE \#418 10/09/2023** 1. 2. **IN THE MATTER OF THE CUSTODY OF B.M.H. - MISSING** **PAGE \#418 10/09/2023** **IN THE C.E., 2012 - MISSING - PAGE 431-10/09/2023** **Ch. 6: Adoption** **IN THE MATTER OF TONY S.H - MISSING 10/11/2023** **EXTRAJUDICIAL SURRENDER - A JUDGE, WITNESS 2, AND A NOTARY** **JUDICIAL SURRENDER - JUDGE** A. Public Agencies, Private Agencies, Private Placements B. **Consent and Notice** C. Eligibility to Adopt D. The Best Interests of the Child Standard E. **Contemporary Adoption Issues (2021)** **CONTEMPORARY ADOPTION ISSUES ---- MISSING 10/13/2023** **1994 -: MULTI ETHNIC PLACEMENT ACT OF 1994 (TRANSRACIAL ADOPTIONS)** **NATIVE AMERICANS** **BLACKEN V. HAALAND: MISSING 10/13/2023** **Adoption of Ilona, 944 N.E.2d 115** Will the child best interests be served by terminating the legal relation between parent and the child? Is there clear and convincing evidence that the parent is unfit? While parents have a constitutionally recognized interest in maintaining the family unit, a childs interest in freedom from neglect or abuse. The judge must rule on the best interest of the child, parent rights are secondary. The state Supreme Court upheld the judges termination of the mothers parental rights based ip the judges consideration of **EXAM: 10 CONSIDERATION TO TERMINATE THE PARENTS RIGHT** Review of basic rules in termination of parental rights; \(1) Court\'s basic consideration: \"If the parent is unfit, will the child\'s best interests be served by terminating the parent\'s rights?\" \(2) Great deference is given to a judge\'s decision that termination of a parent\'s rights are in the best interest of the child \(3) A Judge must decide both whether a parent is \"currently\" unfit and whether, \"on the basis of credible evidence, there is a reasonable likelihood that the parent\'s unfitness at the time of the trial may only be temporary.\" \(4) Judge\'s conclusion must be based on a \"reasonable likelihood\" not \"faint hope.\" \(5) Court is permitted to assess prognostic evidence received from prior parental patterns of neglect or misconduct in determining future fitness or likelihood of harm to the child. \(6) State is required to make every effort to strengthen and encourage family life before it can proceed with plans to sever family ties permanently (7) The Court must determine whether the state has made \"reasonable efforts to prevent or eliminate the need for the
child\'s removal from the home. \(8) However, even if the state has failed to meet all of its obligations to the parent, a judge must still rule in the Best Interest of the Child. \(9) Parents\' rights are secondary to the child\'s best interest \(10) While parents have a constitutionally recognized interest in maintaining the family unit, a child\'s interest in (and right of) \"freedom from neglect and abuse\" are absolute, **Ch. 7: Domestic Violence :** - - - - Anyone can be a victim of domestic violence, regardless of age, race, gender, sexual orientation, faith or class **BATTERED WOMAN SYNDROME - MISSING 10/20/2023** **CAVANAUGH V CAVANAUGH, 2014 -** Rule: Domestic violence or domestic abuse not require actual physical injury but can also include verbal threats **Elonis v United States, 2001:** **PEOPLE v. BROWN, 2004: 10/20/2023** ***STATE v CURLEY, 2018:*** The D' had no effective assistance of counsel in this case... given the documentation evidence of repeated abuse the victim perpetrated upon the defendant before his death. Rule: We therefore reverse the court of appeal, vacate the defendant's conviction and sentence, and remand to the trial court for futher proceedings consistent with the opinion. **The Florida Statute issues a list of 10 different factors.** **1.The history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse.496** **2.Whether the respondent has attempted to harm the petitioner or family members or individuals closely associated with the petitioner.** **3.Whether the respondent has threatened to conceal, kidnap, or harm the petitioner's child or children.** **4.Whether the respondent has intentionally injured or killed a family pet.** **5.Whether the respondent has used, or has threatened to use, against the petitioner any weapons such as guns or knives.** **6.Whether the respondent has physically restrained the petitioner from leaving the home or calling law enforcement.** **7.Whether the respondent has a criminal history involving violence or the threat of violence.** **8.The existence of a verifiable order of protection issued previously or from another jurisdiction.9.Whether the respondent has destroyed personal property, including, but not limited to, telephones or other communications equipment, clothing, or other items belonging to the petitioner.** **10.Whether the respondent engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence.** **1.The history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse.496** **2.Whether the respondent has attempted to harm the petitioner or family members or individuals closely associated with the petitioner.** **3.Whether the respondent has threatened to conceal, kidnap, or harm the petitioner's child or children.** **4.Whether the respondent has intentionally injured or killed a family pet.** **5.Whether the respondent has used, or has threatened to use, against the petitioner any weapons such as guns or knives.** **6.Whether the respondent has physically restrained the petitioner from leaving the home or calling law enforcement.** **7.Whether the respondent has a criminal history involving violence or the threat of violence.** **8.The existence of a verifiable order of protection issued previously or from another jurisdiction.9.Whether the respondent has destroyed personal property, including, but not limited to, telephones or other communications equipment, clothing, or other items belonging to the petitioner.** **10.Whether the respondent engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence.** **Elonis v. United States** Wife secured a protective order against husband The husband posted a FaceBook post about hating his wife and committing a violence against his wife. **The Supreme Court set a new standard in this case:** A conviction for violation of a protective order "Requires a finding that the defendant himself was aware of the communication's threatening nature." Or the person sending the threatening post must be aware of the threatening nature instead of the victim. **ADDITIONAL DOMESTIC VIOLENCE ISSUES: LGBT: MISSING 10/20/2023** **MARITAL RAPE: 10/20/2023** **ADDITIONAL DOMESTIC VIOLENCE ISSUES (CHILDREN)** **DOMESTIC VIOLENCE AND FIREARMS: MISSING 10/17 POWERPOINT** **Ch. 8: Divorce** **Ch. 9: Division of Marital Property at Dissolution** A. Division of Marital Property Concepts: C. Characterization and Treatment of Assets **D. Homemaker Contributions** **E. Contemporary Issues** **Ch. 10: Alimony** A. Traditional View and Reform B. From Alimony-to- Maintenance/Spousal Support-to-Spousal Need D. How Should Courts Award Alimony? E. Enforcement of Alimony F. Modifications of Alimony **Ch. 11: Child Support** A. General Observations in the 21^st^ Century B. Challenges of Poverty on Child Support C. Nature of the Child Support Obligation D. **Modification of Child Support** E. Enforcement of Child Support **Ch. 12: Child Custody** A. Child Custody: General Concepts B. Critical Child Custody Considerations C. Child Custody: Historical Evolution of Standards D. Contemporary Concepts of Best Interests of the Child for Custody E. Modification of Child Custody USACK V USACK, 2005 - TROXEL V GRANVILLE - gave the grandparents the right to visit their grandchildren Restrictive visittions - only if the parents are divorced or both parents are deceased. Permissive Visitation Law - allow grandparent or third party to request visitation. This is true even if both parents are alive or still married.