002: Chapter 9

What does the recognition of a valid marriage by a state usually require?

A civil or religious solemnization ceremony

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

A legal separation is legally the same as an annulment.

False

In community property states, all property acquired during a marriage is considered property of both spouses.

False

In the United States, there is a single universally accepted legal definition of a family.

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

Which of the following is true about a parents' legal obligation to support a child?

It depends on the child's needs and the parents' financial conditions.

Which of the following is true of foster care?

It is designed to provide temporary care for children.

When married people decide to live apart to try to work out their differences, they might get what?

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 if it is owned solely by the wife.

Which of the following is not generally included in marriage eligibility requirements?

Maximum age thresholds

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

Permanent alimony

In what circumstance will a court generally grant an increase in alimony payments to a payee?

The payor wins a big lottery prize.

Andrea Moorehead was abandoned by her birth mother, a crack-cocaine user who had tested positive for venereal disease, shortly after birth. Andrea was placed with foster parents when she was nine 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 an 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 Dearths may adopt Andrea?

Their race

Under what circumstance does a court have jurisdiction to grant a divorce?

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

What recourse do parents have if children perpetually fail to obey them?

They can institute a CHINS proceeding.

What do preferred-custody statutes do?

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

All states now have some form of no-fault divorce.

True

Although property divisions can be decided by a judge, they are often negotiated by the divorcing parties before court proceedings begin.

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

Government has a legitimate right to prevent maltreatment and abuse of family members.

True

In some states adoption records are closed meaning adopted children do not have legal rights to identify their birth parents.

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 require spouses to be legally separated for a period of time before a divorce is granted.

True

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

True

Property received as a gift or inheritance is considered separate property for property division purposes.

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 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