Chapter 13 1 Tara Her Plantation Smugglers Unlimited His Business

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CHAPTER 13: FAMILY LAW

LEARNING OBJECTIVES

• To understand the role of the state in family relationships

• To understand the elements of the creation and dissolution of the marital relationship

CHAPTER SUMMARY

More students are more likely to be involved in litigation because of family relationships

than in other type of lawsuit. Although government intervention with families is supposedly

minimal, the mere fact that government sets the rules for creating and ending the relationships

negates that proposition.

The chapter begins with the methods of formal recognition of the marital relationship

including formal marriages, informal or common-law marriages, and same-sex marriage as well

as civil unions. It continues with a discussion of the approved methods—divorce and

I. Introduction

II. Role of the State in Family Relationships

III. Marriage

IV. Dissolution of Marriage

A. Annulments

B. Divorce

V. Parent-Child Relationship

A. Establishment of the Parent-Child Relationship

B. Relationship of Child to Mother

C. Relationship of Child to Father

D. Adoption

E. Parental Rights and Obligations

F. Termination of Parental Rights

TERMS/CONCEPTS/PEOPLE

Adoption Termination of parental rights

Marriage Common-law marriages/informal marriages

Divorce Annulment

Consanguinity Affinity

No-fault divorce Grounds for divorce

CHAPTER TEST QUESTIONS

Multiple Choice Questions

1. Which of the following must Rhett prove in order to obtain a divorce in most states?

A. Residency;

B. Venue;

C. Grounds for divorce;

D. Marital assets and debts;

E. All of the above.

2. When parents live apart, the court usually enters an order:

A. Allowing one parent the right to establish the child‘s domicile and to have physical custody of the

child;

B. Establishing visitation rights for the noncustodial parent;

C. Ordering the noncustodial parent to pay child support;

D. That is modifiable at a later date if the circumstances of the child and/or the parent

change;

E. All of the above.

3. Assume that Rush and Marta are divorcing in a common–law state, that the marital estate is

substantial, and that the parties do not agree on a property settlement. If the judge makes the property

divison, which is likely to occur?

A. Rush‘s compensation package of $38,000,000 per year and his $100,000,000 signing bonus will

be awarded to him;

B. That the debts from the failed magazine and tie business that the couple began after the

marriage would belong to both;

C. That the $24,000,000 ocean-front Palm Beach mansion where Rush currently resides and that

houses his business will be awarded to him since it was purchased with his earnings;

D. That the $2,000,000 apartment that was purchased only in Marta’s name would be awarded to her;

E. All of the above.

4. Today, a legally-recognized parent-child relationship may be created in the following ways:

A. Parenthood by contract;

B. Parenthood by biology;

C. Parenthood by adoption;

D. All of the above;

E. None of the above.

5. Lucinda’s biological parents never legally married, and there was no father listed on her birth

certificate. Patrick, the putative father, wishes to seek custody following the death of

Lucinda’s mother. He:

A. May initiate a paternity suit if Lucinda’s maternal grandparents are opposed to the

custody;

B. May initiate a suit to voluntarily legitimate Lucinda;

C. Will be subject to the test of what is in the best interest of the child;

D. All of the above.

E. None of the above.

6. The term “no–fault“ divorce:

A. Means that fault is totally irrelevant to all aspects of the divorce including child custody and

property settlement;

B. Means that the petitioner or plaintiff does not have to prove fault in order to receive a divorce;

C. Means that the procedures for divorce are now much more complicated;

D. Means that each party must pay all of his or her costs of the litigation, similar

to “no–fault“ insurance;

E. All of the above.

7. Rhett and Scarlett are divorcing in Texas, a community property state. Their property includes the

following: 1) Tara, her plantation; 2) Smugglers Unlimited, his business; and 3) Twelve Pines, the new

plantation purchased during marriage. Rhett receives Twelve Pines and the mortgage that goes with it

in the divorce. In regard to the mortgage:

A. Scarlett is now free from any obligation to repay the debt;

B. Rhett is absolutely relieved of any obligation to repay the debt;

C. Both are freed from payments;

D. Both are still liable for the full amount although Rhett is primarily responsible;

E. None of the above.

8. The primary question for a jury in deciding a child custody case is:

A. Gender of the parent;

B. Gender of the child;

C. Best interest of the child;

D. Respective financial resources of parents;

E. None of the above.

9. Family law is primarily within the province of:

A. State government;

B. National government;

C. Local government;

D. Churches;

E. All of the above.

10. An annulment:

A. Is available only if the marriage has not been consummated;

B. May be given only by religious authorities and has no application in the

secular law system;

C. Declares that a marriage is void from its inception;

D. Has no property consequences;

E. All of the above.

11. Laura and Edgar establish a common–law marriage in a community–property state that permits the

creation of the relationship:

A. Both are liable for debts incurred after the marriage creation;

B. Edgar owns one–half of her earnings;

C. They must obtain a formal divorce to dissolve their relationship;

D. This marriage will be recognized throughout the United States,

E. All of the above.

12. Judges or juries determining the “best interest of the child” in a custody battle

consider which of the following factors?

A. Physical safety of the child;

B. Present and future emotional and physical needs of the child;

C. Parenting skills of the person seeking custody;

D. Stability of the home and the parent;

E. All of the above.

13. Which of the following is correct about adoptions?

A. Only minors may be adopted;

B. If the adoptee is under the age of eighteen, the legal rights of the biological

parents must be terminated before the adoption may occur;

C. Some statutes (Indian Child Welfare Act) and treaties (Intercountry Adoption Act)

impose additional restrictions and limitations on certain types of adoptions;

D. A and B:

E. B and C.

14. Rights and responsibilities of parents include which of the following?

A. Right to have physical possession of the minor child;

B. Duty to financially support minor children;

C. Right to determine medical, surgical, and psychiatric treatment of a minor child;

D. Duty to provide care, control, supervision, education, and reasonable discipline;

E. All of the above.

15. Which of the following is correct?

A. The first formal requirements imposed by a government for obtaining a divorce were

created by the Romans;

B. In England, the wife and children were essentially treated as chattels until the passage of

the Matrimonial Causes Act of 1857;

C. Religious-based laws traditionally have influenced the legal relationship between family

members, and the pattern continues to this day;

D. All of the above;

E. None of the above.

16. Dissolution of marriage involves the division of the marital estate between the spouses.

Which of the following is correct?

A. Alimony is awarded from future earnings of the spouse and is based on the respective

resources of the spouses;

B. The division of property currently owned by the spouses is alimony;

C. Orders for alimony cannot be enforced across state lines;

D. All of the above;

E. None of the above.

17. The parent-child relationship may be terminated:

A. By litigation brought by the state if there is abuse or neglect;

B. By the emancipation of the minor child through court order or by the child reaching the

age of eighteen;

C. By voluntary action on the part of the parent with court approval;

D. All of the above;

E. None of the above.

Essay Questions

1. Define and discuss the procedures for creating a valid informal marriage and a formal

marriage.

2. Compare and contrast divorce and annulment.

3. Trace the history of women’s property rights including, but not limited to, both common

law and community property principles.

4. Identify and discuss the issues in dissolution of marriage.

5. Identify and discuss various methods of establishing the parent-child relationship, the

obligations thereof, and the methods of ending the relationship.