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Leg 213 Final
Terms in this set (31)
*under oath. Formal method of obtaining information from the other side before trail. (out of court testimony)
Types of discovery (6)
Interrogatories (limited to 50)
Request for production
Request for admission
Request for medical examination
Alternative dispute resolution
What are examples of ADR? (3)
Tell me about Affidavits:
What does it look like on paper?
Sworn testimony; hearsay is inadmissible.
8-page limit; 12pt font, 1" margins, double spaced.
What goes into a temporary hearing package?
Background information form
Proposed parenting plan
Child support calculator
Attorney's fees affidavit
Attachments or exhibits
Who pays what debts/properties
Boats, stocks, bank accounts, etc.
What are the two types of equitable distribution?
All real estate or personal property either party acquired
On spouse acquired prior to marriage; gift or inheritance; agreed to exclusion by written contract
What are the two ways the court decides marital v. non-marital?
Comingling: some property owned by one spouse prior to marriage, can become marital property
Transmutation: occurs when parties show clear intent to treat otherwise non-marital, as marita
How does the court decide?
By spousal agreement
Value of marital property & spousal contribution
Duration of marriage
Entry of a pendente lite
3 steps in dividing marital property
Determine what property is part of the marital estate
Value of the marital & non-marital property
Equitable distribution of the property
Current, Complete, Accurate
"snapshot" of equitable distribution
Must be FULL financial disclosure; info must be kept current
The date that matters is the day of litigation
When ED is required?
ALWAYS, except name change, but really even then.
Filing & service:
At first hearing or 45 days after complaint is served; whichever is first
"the test": "Best interest of the child"; the standard
SC has no presumption favoring Mother over Father
What is considered?
Character, fitness, attitude & inclinations as the impact the child
Psychological, physical, environmental, spiritual, educational, medical, family, emotional and recreational aspects
Education of parent
What is NOT considered?
Tender years presumption
General nomadic (stability)
3 types of custody:
Exposing child(ren) to paramours or members of opp. Sex overnight
Disparaging other or others family in front of child
Intoxication, illegal drugs/abusing prescription drugs
Sexual conduct relevancy:
Child is recipient of, exposed to, parents sexual conduct
Sex prevented parent from filling parental responsibilities
Standard: child(ren)s welfare and best interests
Substantial change of circumstances
Guardian AD LITEM:
Persons appointed by the court to rep. "best interest of the child" in court proceedings
Action to establish:
Voluntary paternal acknowledgment (at hospital)
Vital records (at health dept.)
Private action (court ordered)
Standard for TPR (termination of parental rights):
Clear & convincing evidence
Best interest of the child
12 statutory grounds for TPR
12 statutory grounds for TPR
Parent acted in way that harmed child/abuse
Parent fails to fix conditions of child removed
Parent willfully fails to visit- 6 months or more
Parent willfully fails to support- 6 months or more
Presumptive legal father is not biological
Parent pleads guilty or nolo contendere
Parent has abandoned child
SC has had responsibility for child through foster for 15/22 months
Parent is diagnosed with a medical condition
Parent pleads guilty or convicted of murdering the other parent
Parent pleads guilty or convicted of murdering other child
The child was conceived as a result of criminal sexual conduct of biological parent
The only right between a parent and child after TPR is the child still has the right to ________ (until child is adopted)
Adoption cannot proceed unless __________ parents consent to the adoption or their parental rights have been terminated
Adoption creates _______ relationship whereby the child is deemed theirs
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