Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
31 Cards in this Set
- Front
- Back
- 3rd side (hint)
|
When is a marriage void?
|
1. Bigamy
2. Relation w/in 3rd degree 3. under 16 w/o court order |
|
|
|
When is a marriage voidable (subject to annulment)?
|
1. Underage parties
2. Concealed divorce w/in 30 days of marriage 3. Impotency 4. Fraud/duress/force 5. incompetency 6. Intoxication 8. Marriage occurred in the 72-hour waiting period |
NOTE: Cohabitation must cease after ground for annulment realized
|
|
|
What are the grounds for divorce?
|
1. No fault
2. Fault: cruelty, adultery, felony conviction, abandonment > 1 yr, separation > 3 yrs, commitment in mental hospital > 3yrs |
|
|
|
On what grounds may a divorce be contested?
|
1. No fault: reasonable expectation of reconciliation
2. Falsity of ground |
|
|
|
Who has standing to file for divorce?
|
A spouse who been domiciled in TX > 6 mos & resided in county > 90 days.
|
|
|
|
When is annulment mandatory?
|
Never. It is at court's discretion and not likely to be granted if the wife is pregnant.
|
|
|
|
What are the elements of common law marriage?
|
1. Present agreement that parties are married
2. Holding out as husband and wife 3. Cohabitation |
NOTE: If action to prove marriage not brought w/in 2 yrs of separation, presumption that marriage never existed.
|
|
|
When is marriage counseling called for in a divorce proceeding?
|
At the court's discretion to determine if there is a reasonable expectation of reconciliation.
|
|
|
|
What is the effect of filing a tort action for emotional distress in conjunction w/ divorce?
|
Negligent IED: No effect b/c that cause of action abolished.
Intentional IED: Bars consideration of that ground for fault in division of property. |
|
|
|
What protection from abuse may a spouse have at time of divorce?
|
1. May file for protective order upon showing that other spouse has committed or even threatened family violence.
2. During pendency of PO hearing, may file for Temporary (ex-parte) Protective Order if there is a clear and present danger of family violence. 3. If seeking to merely deter bad behavior, spouse may seek injunction from court prohibiting other spouse from harrassing, abusive, or deceptive behavior. |
NOTE: Venue for this action is wherever either spouse resides.
|
|
|
What is the statute of limitations for an action to adjudicate paternity?
|
1. There is a presumed father: 4 years.
2. There is no presumed father: None |
NOTE: Paternity of husband may be established by estoppel.
|
|
|
Who is a presumed father?
|
A man is presumed to be the father of a child if :
1. Born not more than 300 days after marriage ended, whether valid or not 2. He married the mother and voluntarily claimed paternity in BVS record, record of promised support, or on birth certificate 3. lived w/ child for first 2 years of child's life and held child out as his own |
|
|
|
What will rebut presumption of paternity?
|
1. genetic testing
2. written denial of paternity and acknowledgment by another man |
|
|
|
What are the grounds for adoption of a child?
|
1. Both parents' rights are terminated
2. Step-parent seeks to adopt step-child 3. Child > 2 yrs old, w/ parental rights terminated as to one parent, AND person seeking adoption: -is managing conservator -has had care/custody/control of child > 6 mos -is former step-parent and non-terminated parent consents -is former step parent and managing conservator and care/custody/control > 1 yr |
|
|
|
How may parental rights be voluntarily terminated?
|
Mother:
1. File termination suit after 1st trimester 2. Sign affidavit of relinquishment after 48 hours following birth Father: Sign affidavit of waiver of interest in child |
|
|
|
How may parental rights be involuntarily terminated?
|
Mother: abuse, neglect, abandonment, drugs, felony incarceration.
Father: same as mom plus - during suit for termination dad doesn't respond by claiming paternity - dad has committed culpable acts (abandoning mother during pregnancy, e.g.) |
|
|
|
What are the prerequisites to finalization of an adoption?
|
1. Pre-adoption social study
2. Post-placement home study 3. Criminal histories of adoptive parents 4. Social, health, education, and genetic history report on adoptive parents. 5. Report on history of abuse suffered by child |
|
|
|
What will terminate a suit for adoption?
|
Divorce, but not death of one adoptive parent.
|
|
|
|
What factors affect suitability of parent as managing conservator?
|
Bottom line: best interest of kid
Positive: kid's desires, kid's physical and emotional needs, parental stability, home stability Negative: Domestic violence, false reporting of child abuse, acts or omissions demonstrating lack of fitness |
|
|
|
When must a parent be appointed Managing Conservator?
|
Always, unless
-court finds appointment would substantially impair kid's physical health or emotional wellbeing -parent has relinquished control of kid to nonparent for a year |
|
|
|
When is joint managing conservatorship by the parents presumed to be in the best interest of the child?
|
Always, unless:
1. Kid's physical/psychological/emotional needs won't benefit 2. Parents cannot share decisions 3. Parents cannot foster good relationship between kid and other parent 4. Either parent did not participate in child rearing prior to custody suit 5. The geographical proximity of the parents is impracticable 6. There is a history of abuse |
|
|
|
What is the effect of an obligor's death upon a child support obligation?
|
The obligation is accelerated and is a claim against decedent's estate.
|
|
|
|
What are the statutory child support guidelines?
|
20% of first $7,500 of net resources for one child and increasing 5% per child up to 40%. Support may not exceed 50% of income.
|
|
|
|
What factors support deviation from the child support guidelines?
|
1. Special needs of the child
2. Ability of either parent to contribute to support 3. Any other financial resources available to support the child 4. Wide discrepancy in access to or possession of child |
|
|
|
What punishiments exist to encourage payment of child support?
|
1. Suspension of any license
2. Judicial lien 3. Imprisonment |
|
|
|
How may an out-of-state conservator enforce a child support judgment in the obligor's home state?
|
Under UIFSA:
1. Send two copies of the order to court in obligor's home state 2. Court will register the order and adopt it, making it enforceable as an order of that state. OR can reduce the order to a money judgment in conservator's state and seek to enforce the judgment in obligor's state |
|
|
|
How may a parent enforce custodial rights against one who wrongfully takes custody of child?
|
Habeas corpus action relying either on court order of custody (parent v. parent) or parental rights (parent v. non-parent)
|
|
|
|
How may a conservator enforce a custody order across state lines?
|
UCCJEA
1. Establish home state jurisdiction (6 month rule or best contacts) with continuing exclusive jurisdiction 2. Enforce the order of court in that state |
|
|
|
When will a grandparent have standing to sue for access to grandchild?
|
1. Parental rights of at least one parent not terminated
2. parent, child of grandparent, is dead, incompetent, lacks access to child, or has been incarcerated in last 3 months |
|
|
|
What must a grandparent show to succeed in a suit for access?
|
Must show, by preponderance, that denial of access would significantly impair child's health or wellbeing
|
|
|
|
What liability does a parent face for the actions of a child?
|
1. Negligence, if the parent was negligent in supervising the child
2. Intentional tort: Willful & malicious property damage by 10 - 18 yr old up to $25K 3. Theft: up to $5K |
|
