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50 terms

Fam Law Test 2

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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