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22 Cards in this Set
- Front
- Back
Family Law: What is the three part test for common-law marriage in Texas? |
1. Agreed to be married.
2. Cohabitated. 3. Held out that they were married. (single act may be sufficient) |
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Family Law: What is the presumption against a common law marriage?
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If action to prove CL marriage not brought within 2 years after separation, presumption is that parties had not agreed to be married.
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Family Law: What are the two circumstances that make a marriage void?
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1. Bigamy.
2. Consanguinity |
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Family Law: When is a suit to annul a marriage valid?
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At the time of the marriage:
1. Peitioner was under the influence of alcohol or narcotics and did not have capacity. 2. Impotency not known. 3. Fraud, duress, or force. |
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Family Law: What is the ground for no-fault divorce? The defense?
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1. The marriage has become insupportable.
2. Reasonable expectation of reconciliation. |
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Family Law: What is the jurisdiction requirement for divorce?
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At least one party must be domiciliary of Texas for precedining six months, and resident of county for preceding 90 day period.
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Family Law: What are five things which establish a father-child relationship?
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1. Unrebutted presumption of the man's paternity.
2. Acknowledgment of paternity. 3. Adjudication 4. Adoption 5. Consent to assisted reproduction. |
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Family Law: What are the two ways to rebut the presumption of paternity?
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1. Genetic test results.
2. Written denial in conjunction with written acknowledgment of another man. |
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Family Law: What is a SAPCR?
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A suit affecting the parent-child relationship, in which all of the issues affecting the parent-child relationship.
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Family Law: For what reasons is a party in a SAPCR entitled to a jury verdict?
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1. Appointment of managing conservators (sole or joint)
2. Which joint managing conservator has exclusive right to designate primary residence. 3. Geographic area of child's primary residence |
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Family Law: What must a final order in a SAPCR tied to a dissolution proceeding incorporate?
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A parenting plan that sets out the parties' rights and duties.
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Family Law: What is the primary consideratoin of the court when determining questions of conservatorship, possession, and support of and access to the child?
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The best interest of the child.
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Family Law: What jurisdiction does a court have after entering a final decree in a SAPCR?
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Continuing, exclusive jurisdiction of all parties an dmatters in connection with the child. (Can be transferred with a transfer order.)
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Family Law: What is the term for the noncustodial parent with visiting rights?
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Possessory Conservator.
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Family Law: What are the three grounds for modifying an order establihsinhg conservatorship or possession and access.
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1. Circumstances materially and substantiallly changed.
2. Child is 12 and has a preferred residence. 3. Designated conservator voluntarily relinquished care and possession of child for 6+ months. |
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Family Law: What pages should be reviewed in the Conviser?
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13-18.
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Family Law: What is the primary test for home state jurisdiction under the UCCJEA?
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Court has jurisdiction if state is (1) child's home state, or (2) was child's home state w/in past 6 mos & child absent from the state, but parent or guardian lives in state.
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Family Law: What is a child's home state under the UCCJEA?
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The state in which the child lived with a parent or guardian for at least six consecutive months immediately before the commencement of the proceeding.
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Family Law: When does a court have jurisdiction if the home state rule does not apply (because no other state has or accepts home state jurisdication)
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1. Child and at least one parent have a significant connection with the state, AND
2. Substantial evidence concerning the child is available in the state. |
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Family Law: When may a court, having jurisdiction under the home state or exception, decline such jurisdiction?
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1. Inconvenient forum.
2. Party seeking to invoke jurisdiction engaged in unjustifiable conduct. |
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Family Law: What are the statutory guidelines for the amount of child support?
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1 child = 20% obligor's net resources.
2-5 children = 5% more each child. 5+ - not less than 40% |
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Family Law: What is the cap for net resources?
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$7500/month.
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