Fam Law Test 2

50 terms by carissabrock 

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tender years doctrine

young children 12yrs and under were better off cared for by their mothers than anyone else
ambolished

joint custody

parents are jointly or equally responsible for the fin., emotional, educational, and helath-related needs of their children

joint legal custody

both parents share in making the major decisions in the lives of teh children, but child resides with one parent and noncustodial parent has visitation rights

joint legal and physical custody

both parents make the major decisions regarding the childrens upbringing and share residential custody, child resides with each parent half the time

split custody

one parent has sole custody of the child for part of the calendar year each year and the otehr parent has sole custody for the remaining portion of the year

issues addressed in parenting plans

decision making, childrens schedules, resolving future disputes, modification and periodic reveiw

who must report child abuse under the child abuse prevention and treatment act

medical prof., school personnel, police officers, mental health prof., social workers, members of the clergy

supervised visitation

limits parents visitation right in that is dictates restrictions surrounding the visits

virtual visitation

ct order allowing a parent in a divorce to communicate and maintain a relationship with the child through the use of technologies such as internet video conferencing, webcams, email, instant messaging, or any otehr type of wired or wireless technology

parens patriae

ct intervene on behalf of abused and neglected children and have power to give visitation or custody to 3rd parties when they deem it is in the childs best interest

moore factors

parents fitness and ability to care for a child
amt of contact parent had while child in custody of 3rd party
circumstances under which relinguishment occurred
degree of attachment between child and 3rd party

child dispute s. c. be child be in state for ct have jurisdiction

no

uniform child custody jurisdiction and enforcement act

reason: give home state jurisdiction, con't. jurisdiction, enforcement of interstate custody and visitation orders

prove for order to place child in custody of a 3rd party

parents are unfit

gross income

salaries, wages, alimony, VA benefits

verify income child support

fin. declaration, pay stubs, employer statements, receipts and expenses if selfemployed, tax return

granparent intervene to obtain custody/visitation

statutes & ct procedures allow when parents are divorce or one dies
breakdown in parent child relationship
consent of parties when they can no longer care for child
informal family arrangement

deviate from child support guidelines

education expense, equitable dist., consumer debts, families more 6 children, alimony, agree. betwenn parties,

3 factors to determine child support

basic child support
medical ins.
child care costs

motion for contempt

party doesn't comply with ct order, opposing party files

motion for modification

party ask that order be changed when there has been substantial change in the circumstances from the time the original order was entered

ex parte motion

brought by one party against the other, emergency orders to protect or prevent something of immediate danger from happening

service of process

personal, mail, publication

personal jurisdiction

ct may enter orders and enforce judgments against indiv.

venue

proper ct with in state in which to file the initial divorce complaint on petition, location

complaint

initial pleading filed in a dissolution matter

summons

directs the def. to appear in ct. and answer the allegations in the complaint

deposition

sworn quest. of anser under oath

how many days def file answer in sc

30

doc filed with motion for temp order in sc

motion, affidavit, fin. declaration

3 discovery tools

interrogatories, depositions, request for production of doc

subject matter jurisdiction

state residency requirements give state a jurisdiction over divorce, ct power to hear divorce

issues to be considered in awarding custody

best int of child, primary caregiver, conduct of parents, childs preference, religious faith, domestic violence, character parent, adultery, psyo, phys, emot, of child

requirement for change of custody

material and con't change of cirmcumstances, substantially affecting childs welfare, since last order

gross income does not include

tanf, supplemental ss, food stamps, general assist., income from other househould members

self employ income compute

gross receipts minus ordinary and necessary expenses

special expense for underemploy or unemploy

day care expenses

child support subtract certain pmts

alimony, child support, other child

shared phy custody overnights

109

credit for child at home not adopted

75%

health ins

required by parent who can obtain employer pay all or some parent can claim

discovery purpose

to acquire essential info to help decide equitable dist. of marital assets, determine income, set alimony, child support, custody

privilege

a ct conferred right permitting parties in a lawsuit to keep confidential any info exchanged between them

privilege relationships

spousal, atty/client, phy/patient, priest/penitent

request

sent directly to atty

motion

sent to ct

respond atty object 3 grounds

overbroad, irrelevant, dupliative

doc produced in fam ct for child support

paystubs, tax returns, fin. dec.

4 means to act on insufficient response to discovery

phone call, letter, motion to compel, motion for contempt

3 types of doc para obtain for fin dec

receipts, pay stubs, tax returns

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