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family law 3
family law 7, 11, 12
37
Law
Professional
09/27/2012

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Cards

Term
best interest of the child
Definition
a standard of decision based on what would best serve the child's welfare.
Term
tender years presumption
Definition
mothers should be awarded custody of their young children, since they are more likely to be better off raised by their mothers than by their fathers.
Term
physical custody
Definition
a. the right to decide where the child will reside; b. the actual residence of the child.
Term
legal custody
Definition
the right to make the mafor child rearing decisions on health, education, religion, discipline, and general welfare.
Term
joint physical custody
Definition
the right of both parents to have the child reside with both for alternating (but not necessarily equal) periods of time.
Term
joint legal custody
Definition
the right of both parents to make the major child rearing decisions on health, education, religion, discipline, and general welfare.
Term
split custody
Definition
siblings are in the physical custody of different parents.
Term
contested
Definition
disputed; challenged
Term
guardian ad litem
Definition
a special guardian appointed by the court to represent the interest of another.
Term
parental alienation syndrom
Definition
a disorder suffered by some children at the center of a custody dispute. The idealize one parent while expressing hatred fo the other, even though the relationship with both parents was relatively positive before the dispute.
Term
Primary caregiver presumption
Definition
the primary person who has taken care of the child should have custody.
Term
supervised visitation
Definition
visitation of a child in the presence of an adult other than the custodial parent.
Term
psychological parent
Definition
an adult who is not legally responsible for the care of a child, but who has formed a substantial emotional bond with the child.
Term
forum shopping
Definition
seeking a court that will be favorable to you. Traveling from court to court until you find one that will provide a favorable ruling.
Term
home state
Definition
the state where the child has lived with a parent for at least six consecutive months immediately before the custody case begins in court, or since birth if the child is less than six month old.
Term
inconvenient forum
Definition
the state or jurisdiction where it is not as convenient to litigate a matter as another state or jurisdiction.
Term
exclusive, continuing jurisdiction
Definition
the authority of a court, obtained by compliance with the UCCJEA, to make all initial and modifying custody decisions in a case to the exclusion of courts in any other state.
Term
dirty hands
Definition
Wrongdoing or other inappropriate behavior that would make it unfair or inequitable to allow a person to assert a right or defense he or she would normally have.
Term
filius nullius
Definition
an illegitimate child (the son of no one)
Term
artificial insemination
Definition
the impregnation of a woman by a method other than sexual intercourse.
Term
legitimation
Definition
the steps that enable an illegitimate child to become a legitimate child.
Term
paternity proceeding
Definition
a formal process to determine whether a particular man is the biological father of a particular child.
Term
filiation
Definition
1. a judicial determination of paternity; 2. the relation of child to father
Term
Lord Mansfield's rule
Definition
the testimony of either spouse is inadmissible on the question of whether the husband had access to the wife at the tune of conception if such evidence would tend to bastardize the child.
Term
standing
Definition
the right to bring a case and seek relief from a court
Term
DNA testing
Definition
genetic testing on deoxyribonucleic acid removed from cells.
Term
minor
Definition
someone under the age of majority, which is usually eighteen.
Term
emancipation
Definition
becoming legally independent of one's parent or legal guardian.
Term
disaffirm
Definition
to repudiate
Term
voidable
Definition
that which can be invalidated.
Term
estop
Definition
to be prevented form asserting a right or defense because it would be unfair or inequitable to do so.
Term
necessaries
Definition
the basic items needed by family members to maintain a standard of living.
Term
in loco parentis
Definition
standing in the place of (and able to exercise some of the rights of) parents.
Term
neglect
Definition
the failure to provide support, medical care, education, moral example, or discipline.
Term
abuse
Definition
physically harming a person other than by accident.
Term
juvenile delinquent
Definition
a young person under a designated age whose conduct would constitute a crime if committed by an adult.
Term
foster home
Definition
a temporary home for a child when his or her ow family cannot provide care and when adoption either is not possible at the present time or is under consideration.
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