| Child Custody | Adoption | Agreements Between Spouses | Equitable Distribution |
|---|---|---|---|
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What is legal custody?
The right and responsibility to make decisions for your child – healthcare, education, religion.
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What is a person who may adopt?
Any adult.
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What is a prenuptial agreement?
Agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
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What is classify, value, distribute?
The judges three jobs in an equitable distribution case.
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What is the parent who will best provide for the physical, emotional, and spiritual needs of child?
Best Interest of the Child
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What is in a stepparent adoption after the stepparent has lived with the child for at least 2 years?
The home study report is not needed.
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What is child custody in an unincorporated separation agreement?
Some evidence as to what parents’ thought was in the child’s best interests.
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What is divisible property?
1. All appreciation and diminution in value of marital property and divisible property of the parties occurring after the date of separation and prior to the date of distribution, except that appreciation or diminution in value which is the result of postseparation actions or activities of a spouse.
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What is the five-factor test for a move-away case?
Ramirez-Baker
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What is the biological father is served with notice and after 30 days fails to respond?
Consent is not required.
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What is alimony in a court order that is intended for spousal support and not property division?
True Alimony.
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What is the date Assets and Debts are valued?
Valued as of the date of separation.
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What is a substantial change impacting the minor child and best interest?
The two-pronged test for modification of custody.
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What is when can mother obtain a pre-birth determination that consent of father is not needed?
At least 3 months after conception.
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What are the defenses to an incorporated separation agreement?
Lack of consent, fraud, mutual mistake, or unilateral mistake under some misconduct.
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What is a 401K plan (ERISA)?
Defined Contribution Plans.
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What is a custody case between a parent vs a third party?
The death of the parent does not abate the action.
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What is the proper court to hear contested matters?
District Court Judge.
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What is the case that held there is a rebuttable presumption that a mutually agreed upon amount of child support in an unincorporated SAPS is just and reasonable?
Pataky.
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What is the method for dividing a house that is a mixed or blended asset?
The McClean Formula
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