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Family Law Mneumonics
PATERNITY
P aternity must be established by mutual consent or court order before theres a CS obligation/ right to parenting time.
A doptive/biological parents not grandparents/stepparents generally have duty of child support.
T esting tissue/blood can be ordered by court to establish paternity
E stoppel defenses rarely effective
R ebuttable presumption that husband is father
N ational reciprocity for CS enforcement (full faith and credit)
I n personam jurisdiction on Dad
T ermination of parent child relationship if C&CE of voluntary abandonment/unfitness
Y ou (movant) have burden of establishing paternity
FDIC (Voidable marriages grounds must exist before marriage)
F raud
D uress or dare
I nability to consummate or incapacity
C hild (subject was underage)
COIFFED (marital agreements)
C ontract which requires consideration, capacity, conscionability (fairness)
O verreaching (none)
I n writing signed by both parties and I ndependent counsel not determinative
F ull and fair disclosure (exhibits)
F raud (none)
E nforceable not void by public policy
D uress (none)
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MAID (grounds for dissolution)
M arital misconduct not factor unless impacts children
A dequate notice to other party
I rretrievable breakdown of marriage
D omicile required
A LIE (mandatory disclosure)
A ssets
L iabilities
I ncome
E xpenses
HEDDEC (CS/custody jurisdiction)
H ome state kid must have lived in for at least 6 months before start of proceeding
E vidence/significant connectionsif kid doesnt have home state, state with most connectionsand info about kid
D eclined jurisdiction one state can decline jurisdiction if another state is more appropriateforum
D efault no other state could take jurisdiction under other criteria
E mergency emergency jurisdiction can only be exercised on temporary basis if kid isabandoned or needs protection from abuse
C onduct unjustifiable state cant exercise jurisdiction if party engaged in unjustifiableconduct
CADS (marital property / maintenance)
C ontribution of parties (financial or homemaker or emotional)
A ge and health of parties
D uration of marriage
S pecific sources of income and S tandard of living
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WISH (best interests of child)
W ishes of child and parents
I ntegration of child into home and community and physical proximity of parents
S haring of love and affection with other parent
H ealth, physical and mental, of the parties including credible evidence of child or spousaabuse
SAGE (child support)
S tandard of living if parties not divorced
A ge and needs of child
G ross income of both parents and child
E ach parents overnights
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