Fam Law Test 2
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Created by:
carissabrock on October 19, 2010
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50 terms
Terms | Definitions |
|---|---|
 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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