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Family Law I
| Term | Definition |
|---|---|
| family law | the body of law that defines relationships, rights, and duties in the formation, existence, and dissolution of marriage and other family units |
| divorce | a court declaration that a validly entered marriage is dissolved |
| marriage | the legal union of a man and a woman as husband and wife, which can be dissolved only by divorce or death |
| premarital agreement | a contract made by two individuals about to be married that can cover spousal support, property division, and related matters in the event of the separation of the parties, the death of one of them, or the dissolution of the marriage by divorce or annulme |
| civil union | a same-sex relationship in Vermont that has the same benefits, protections, and responsibilities under Vermont law that are granted to spouses in a marriage |
| arbitration | the process of submitting a dispute to a third party outside the judicial system, who will render a decision that resolves the dispute |
| mediation | the process of submitting a dispute to a third party outside the judicial system, who will help the parties reach their own resolution of the dispute; the mediator does not render a decision that resolves the dispute |
| filius nullius | an illegitimate child; "the son of no one". |
| artificial insemination | the impregnation of a woman by a method other than sexual intercourse |
| legitimation | the steps taken that enable an illegitimate child to become legitimate |
| paternity proceeding | a formal process to determine whether a particular man is the biological father of a particular child |
| filiation | a judicial determination of paternity; the relation of the child to the father |
| putative | alleged or reputed |
| guardian ad litem | a special guardian appointed by the court to represent the interests of another |
| res judicata | when a judgment on the merits has been rendered, the parties cannot relitigate the same dispute |
| personal jurisdiction | the power of a court to render a decision that binds an individual defendant |
| long-arm statute | a law that gives a court personal jurisdiction over a nonresident because of his or her purposeful contact with the state |
| Lord Mansfield's Rule | the testimony of either spouse in inadmissable on the question of whether the husband had access to the wife at the time of conception if such evidence would tend to declare the child illegitimate |
| standing | the right to bring a case and seek relief from a court |
| DNA testing | genetic testing on deoxyribonucleic acid removed from cells |
| agency adoption | an adoption in which a child is placed for adoption by a public agency responsible for adoptions or by an approved private adoption agency |
| independent adoption | an adoption in which a child is placed for adoption by its natural parent, often with the help of facilitators |
| black market adoption | an adoption that involves a payment beyond reasonable expenses in order to facilitate the adoption |
| second-parent adoption | the adoption of a child by a partner (or cohabitant) of a natural parent who does not give up his or her own parental rights |
| subject matter jurisdiction | the power of a court to hear a particular kind of case |
| choice of venue | the selection of the court to try the case when more than one court has subject matter jurisdiction |
| petition | a formal request that the court take some action |
| unfit | demonstrating abuse or neglect that is substantially detrimental to a child |
| unemancipated | legally dependent on one's parent or legal guardian |
| nonage | below the required minimum age to enter a desired relationship or perform a particular task |
| interlocutory | not final; interim |
| putative father registry | a place where the father of a child can register so that he can be notified of a proposed adoption of the child |
| reunion registry | a central adoption file that could be used to release identifying information about and allow contact between adult adoptees and biological parents |
| contact veto | a denial of consent to have contact between the adoptee and biological parents, although permission for the release of identifying information might be given |
| open adoption | an adoption in which the natural parent maintains certain kinds of contact with his or her child after the adopton |
| equitable adoption | the purposes of inheritance, a child will be considered the adopted child of a person who made a contract to adopt the child but failed to go through the formal adoption procedures |
| wrongful adoption | a tort action seeking damages for wrongfully stating or failing to disclose to prospective adoptive parents available facts on the health or other condition of the adoptee that would be relevant to the decision on whether to adopt |
| best interest of the child | a standard of decision based on what would best serve the child's welfare |
| tender years presumption | 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 |
| physical custody | the right to decide where the child will reside |
| custodial parent | the parent with physical custody |
| legal custody | the right to make the major child rearing decisions on health, education, religion, discipline, and general welfare |
| joint physical custody | the right of both parents to have the child reside with both for alternating (but not necessarily equal) periods of time |
| joint legal custody | the right of both parents to make the major child rearing decisions on health, education, religion, discipline, and general welfare |
| split custody | siblings are in the physical custody of different parents |
| contested | disputed; challenged |
| parental alienation syndrome | a disorder suffered by some children at the center of a child custody dispute. They idealize one parent while expressing hatred for the other, even though the relationship with both parents was relatively positive before the dispute |
| primary caregiver presumption | the primary person who has taken care of the child should have custody |
| supervised visitation | visitation of a child in the presence of an adult other than the custodial parent |
| psychological parent | an adult who is not legally responsible for the care of a child, but who has formed a substantial emotional bond with the child |
| forum shopping | seeking a court that will be favorable to you; traveling from court to court until you find one that will provide a favorable ruling |
| home state | 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 months old |
| inconvenient forum | the state or jurisdiction where it is not as convenient to litigate a matter as another state or jurisdiction |
| exclusive, continuing jurisdiction | 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 |
| dirty hands | 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 |
Created by:
pfmerriell
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