LAW FINAL CHP 9 (FAMILY LAW)

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Families are generally created through

All of the above (marriage, birth or adoption, domestic partnerships)

Marriage eligibility requirements generally include

All of the above (minimum age thresholds, prohibitions on marriage between close relatives, monogamy)

Andrea Moorehead was abandoned by her birth mother, a crack-cocaine user who had tested positive for general disease, shortly after birth. Andrea was placed with foster parents when she was 9 days old. The foster parents, Melva and Robert Dearth, sought to adopt Andrea when she was 10 months old. The Dearths are white and Andrea is black. They live in an interracial neighborhood, they attend and interracial church, and their two children attend an interracial school. They have a stable marriage and financial standing. Which of the following factors may NOT be considered in determining whether the Death's may adopt Andrea?

All of the above may be considered (Their race, the stability of their marriage, their age)

The purpose of solemnization is to

All oft these are correct (demonstrate a mutual desire for marriage, provide public evidence of a marriage, demonstrate a satisfaction of legal requirements)

What factors are necessary to establish a common law marriage?

Being of age, living together as a couple, and presenting themselves to the world as being married

The recognition of a valid marriage by a state usually requires

Both A and B (a license to marry, a civil or religious solemnization ceremony)

Preferred-custody statutes

Establish guidelines for the judge to use in determining what custody arrangement would be in the best interest of the child

A legal separation is legally the same as an annulment

False

Because a marriage is a contract, the general laws of contract regarding modifications, restrictions, and release apply to it in most states

False

In voluntary adoptions when the birth parents are not married to each other and both parents have actively fulfilled their parental responsibilities, only one parent's approval is required for the adoption to go forward

False

Same-sex couples who are married in Massachusetts or who receive marriage-like state economic benefits under state law qualify for federal economic benefits that are extended to married heterosexual couples

False

The eligibility requirements for marriage are the same from state to state

False

Which of the following factors should NOT be considered by a judge in making a determination as to which parent in a divorce should have custody of their child?

Gender

If children always fail to obey their parents, the parents can

Initiate a CHINS proceeding

When married people decide to live apart to try to work out their differences, they might get a(n)

Legal separation

In which of the following situations has the U.S. Supreme Court ruled that states may NOT prohibit marriages?

Marriages between persons of different races

With respect to decision making within traditional families, which of the following statements is false?

Married women's property requires the signature of a woman's husband before real property may be transferred, even it it is owned solely by the wife

Traditionally divorce was

Much harder to get than today

Which of the following states has not recognized same-sex marriages

None of the above (CT, VT, IA)

A payor of alimony may petition the court for a reduced payment obligation; for example,

None of the above is correct (Because the payer has been hospitalized for six months, due to payer's unemployment, because the payee has won the lottery)

Which of the following is the first step required to start the adoption process?

None of the above is correct (Obtaining the consent of the birth parents of foster parents, the filing of an investigative request, the approval of a consent decree)

An annulment is different from a divorce in that it

None of the above is correct (does not require grounds for the dissolution of the marriage, has the same effect as a legal separation and does not end the marriage, is used more frequently than divorce is used to terminate marriages (real answer= annulment: no valid marriage ever existed; dissolution: no-fault divorce law)

If a woman made homemaking her career with the expectation that her husband would take care of her, she should request

Permanent alimony

A common law marriage is

Privately created

The right to marry is constitutionally protected by which clause(s) of the 14th amendment?

The Due Process Clause

The city of East Cleveland had a municipal ordinance that regulated who could live together as a family in a single-family dwelling unit. Inez Moore, an elderly grandmother, was convicted of violating the ordinance because she had two grandsons who were cousins living in the same house with her, and that living arrangement could not be considered a single family under the definition of family in the ordinance. She appealed her conviction on constitutional grounds. Which of the following statements is true?

The city's restrictive definition of family may violate Mrs. Moore's substantive due process rights

A court has jurisdiction to grant a divorce if

There is in personam jurisdiction over the person required to make alimony or child support payments

All states now have some form of no-fault divorce

True

Common reasons for annulment include bigamy, incest, fraud and religious concerns

True

Generally, states require that people marry voluntarily, and jointly apply for a license

True

In states with equitable property distribution, property is categorized as marital or separate property

True

It is permissible for states to enact laws that require stepparents and or grandparents to provide child support if parents are unable to fulfill court-ordered support obligations

True

Many states statutorily require adult children to provide financial support for their parents if the parents are unable to support themselves

True

Some states have enacted laws that express a preference that adoptive parents must be of the same religion as the adoptee or birth parents

True

The laws deference to family self-governance has roots traceable to Roman Law

True

The states can initiate legal proceedings to involuntarily terminate the parental rights of birth parents who have abandoned their child

True

Today a pregnant woman has the right to unilaterally decide to have an abortion early in her pregnancy even if the person who would become the child's father objects

True

Grandparents have

Uncertain rights to visitation

A parents' legal obligation to support a child

ends when the child stains the age of majority, marries, or otherwise becomes emancipated

Foster care

is designed to provide temporary care for children


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