Family Law Lectures: Summary, Review and Exam Prep

MARRIAGE & PARTNERSHIPSMarriage FormationRequirements: License, age restrictions, consent, solemnizationCommon-Law Marriage: Cohabitation + holding out as married + intentAgreementsPrenuptial: Before marriage, addresses property/supportPostnuptial: During marriage, similar purposeEnforceability: Voluntary, full disclosure, opportunity for counselLimitations: Can't determine child custody/supportDomestic PartnershipsAlternative to marriage with varying recognitionRights differ by jurisdictionCohabitation agreements protect interestsDIVORCE & SEPARATIONGroundsNo-fault: Irretrievable breakdown, irreconcilable differencesFault-based: Adultery, cruelty, abandonment, etc.Trend: Moving away from fault-basedProcessFiling petition → Response → Interim orders → Settlement/mediation → TrialLegal separation: Alternative to divorce, addresses similar issuesFinancial MattersSpousal Support Types:Permanent/durational: Long-term supportRehabilitative: Time-limited for skill developmentTransitional: Short-term adjustment periodReimbursement: Repayment for contributionsProperty Division Systems:Community property: Equal division of marital assetsEquitable distribution: Fair but not necessarily equal divisionMarital vs. separate property distinctionCommingling: Mixing separate and marital propertyChild Support:Both parents obligatedCalculation models: Income shares or percentage of incomeAdjustments for custody arrangements or special needsCannot be waived by agreementInterstate IssuesUIFSA: Ensures consistent enforcement across state linesContinuing exclusive jurisdiction: One state maintains authorityModificationsRequires substantial change in circumstancesMay involve imputed incomeCHILDREN & CUSTODY"Best Interest of the Child" StandardFactors: Age, health, bonds, stability, parental fitness, child's preferenceCustody TypesLegal: Decision-making authority (joint/sole)Physical: Living arrangements (joint/primary)Visitation/parenting time: Regular, supervised, or deniedParental RightsBiological parents' rightsPaternity establishmentRights of unmarried parentsART implications (donors, surrogates)Same-Sex ParentsRecognition after marriage equalityBirth certificates and adoption optionsAdoptionTerminates biological parental rightsTypes: Agency, private, stepparent, internationalInterstate: ICPC regulationsInternational: Hague Convention, re-adoption issuesEvolving ConceptsDe facto/psychological parent doctrinesChild's preference (age-dependent)Open adoptionRelocation considerationsQUICK REFERENCE: KEY TERMINOLOGYMarriage TermsSolemnization: Official ceremonyConsanguinity: Blood relationshipFull faith and credit: Recognition across statesDivorce TermsTransmutation: Change in property characterInterim orders: Temporary arrangements during proceedingsCustody TermsParenting coordinator: Mediator for ongoing disputesSupervised visitation: Monitored parent-child timeRelocation: Moving with child away from other parentLegal FrameworksUniform Parentage Act: Establishes legal parent-child relationshipsHague Adoption Convention: International adoption standardsModification of Support Orders: Understand the requirements for modifying child support and spousal support orders, including a substantial change in circumstances. Note the concept of imputed income.III. Child Custody, Adoption, and Evolving Family Law MattersChild Custody Determinations: Understand the paramount principle of the "best interest of the child." Identify the factors courts consider (child's age, health, bonds, stability, parental fitness, child's preference if mature).Types of Custody: Differentiate between legal custody (decision-making) and physical custody (living arrangements). Understand joint legal custody, joint physical custody, sole custody, and visitation.