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Free flashcards to ace your Bar exam - Family Law
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Family Law
10 flashcards
For a marriage to be legally valid, it generally requires: 1) Consent of both parties, 2) Legally capable (age and mental capacity), and 3) Following proper formalities/procedures.
Common grounds for divorce include: irreconcilable differences, adultery, cruelty, abandonment, separation for a statutory period, and in some cases, no-fault grounds.
Courts consider the best interests of the child, which may include: child's relationship with parents, parents' ability to care for child, child's adjustment to home/community, and any history of domestic violence.
Legal custody refers to the right to make major decisions about the child's upbringing. Physical custody refers to which parent the child primarily resides with.
The main types are: basic child support (for living expenses), medical support (health insurance/expenses), child care support (daycare costs), and in some cases, educational support.
Key requirements often include: home study/screening, meeting age/income criteria, attending classes, complying with residency rules, and obtaining necessary consents or relinquishments.
The 'best interests of the child' principle guides custody/visitation decisions based on factors like emotional ties, ability to provide care/guidance, and stability in the child's life.
Legal separation is a court-ordered arrangement where spouses live apart but remain legally married. Divorce is the complete legal dissolution of the marriage.
In many jurisdictions, grandparents may petition courts for reasonable visitation rights, especially if a parent is deceased or in cases of divorce/separation.
Joint legal custody means both parents share the right and responsibility to make major decisions regarding the child's upbringing, such as education, religion, and medical care.