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Family Law Chs 8, 9 and 10 vocab/concept review

Across
The _____ Convention is a treaty that seeks to deter international child abduction, by agreeing that a child who was living in one Convention country, and who has been removed to or retained in another Convention country in violation of the aggrieved parent’s custodial rights, shall be promptly returned. Once the child has been returned, the custody dispute can then be resolved, if necessary, in the courts of that jurisdiction.
Each state has child-support _____ that set the minimum amount of support that must be paid, based on factors such as the parent's income and number of children to be supported.
In determining whether modification of a custody determination ___ appropriate, the court will generally require a showing that the adverse circumstances or parenting mistakes by the custodial parent are ongoing, relatively permanent, serious, and detrimental to the child.
Each parent has an equal duty of _____ of a child regardless of who has physical custody or legal custody.
Failure to pay child support obligations can result in criminal _______.
The custodial parent is the parent who is _____ with the child, the parent with physical custody of the child.
The ________ parent is the parent who is not living with the child; the parent who does not have physical custody of the child. For federal income tax purposes, a custodial parent is the parent with whom the child lived for the greater number of nights. The other parent is the ________ parent.
Once a court has made an initial custody order under the UCCJEA because it has home-state jurisdiction or significant connection/substantial evidence (sc/se) jurisdiction, that court has exclusive, continuing jurisdiction (ECJ) over the case. No other court has authority to act in the case unless the initial state _______ to use its exclusive and continuing jurisdiction because another state is a more convenient forum.
A contract by married persons who have separated (or who are about to separate) that can cover support, custody, property division, and other terms of their separation and possible divorce.
The improper reduction ___ waste of marital assets that should have been available for property division upon dissolution is called dissipation.
A court will _______ its own custody order only where there has been a substantial change in circumstances since the original order, or relevant facts were not made available to the court at the time of its original order.
A custody arrangement in which siblings are in the physical custody of different parents or guardians is called _____ custody.
State and federal programs that maintain and use databases to facilitate the location of parents for purposes of enforcing child support obligations.
In making a custody decision, the court cannot prefer one ______ over another, but can consider any effect the practice of a particular ________will have on the child.
Under the Uniform Child Custody Jurisdiction and Enforcement Act, if there is no state that is the home state of the child, the state where the child and at least one parent have a significant connection and where there is substantial evidence pertaining to the child's care will be determined to be the state with (sc/se) custody _______ over a custody issue.
In Indiana, courts will presume that an division of the marital property is just and reasonable, regardless of whether the property was owned by either spouse before the marriage and regardless of who acquired the property during the marriage, unless a party rebuts that presumption with relevant evidence demonstrating otherwise.
Courts will determine contested custody cases based on what custody arrangement will be in the ______ interests of the child.
_________ custody is the right of an adult to have a child reside with the adult; where the child is actually living.
A formal written document that gives expression to or embodies a legal act or agreement (e.g., a contract, a will).
Alimony can be paid in a single lump-sum, but is more commonly paid in _______ payments.
Domestic ______ obligations such as alimony and child support are nondischargeable in bankruptcy.
A court is unlikely to grant custody to a parent who has a history of ______ ______.
Down
Spousal support, also called _______, is money or other property paid in fulfillment of a duty to support one's spouse or ex-spouse after a legal separation, a divorce, or in some states, an annulment.
Psychologists, psychiatrists, social workers, etc. can be called as _____ witnesses by either parent to testify on the home environment, the child’s emotional development, the mental stability of the parents, the suitability of various parenting plans, etc. The _____ can be asked to conduct investigations, make recommendations, give second opinions, and act as mediators.
A court proceeding by a creditor to force a third party in possession of the debtor's property (e.g. wages) to turn the property over to the creditor to satisfy a debt such as delinquent child support.
______ custody includes the right to make the major child-rearing decisions on health, education, religion, discipline, and general welfare
The visitation rights of a violent parent are likely to be substantially restricted such as by limiting the parent to ______ ________.
A presumption made in some jurisdictions by which courts presume custody should be granted to the parent who thus far has taken care of most of the daily needs of the child unless this parent is unfit. Used only as one of many factors in most jurisdictions in determining the best interests of the child.
Support payments to an ex-spouse to repay a spouse who worked or made other financial contributions during the marriage so that the other spouse could obtain training or otherwise enhance his or her future earning capacity is called _________ alimony.
A court can use a guardian ad litem or a court appointed special advocate to investigate the ______ environment or relevant witnesses in a custody dispute.
Under the Uniform Child Custody Jurisdiction and Enforcement Act, the child's _____ state is the most likely to be found to have custody jurisdiction. Where the child has lived for at least six consecutive months prior to the beginning of the court proceedings.
Support payments to an ex-spouse for a limited time to allow him or her to return to financial self-sufficiency through employment or job training are called __________ alimony.
____ agencies are state agencies created at the urging of Congress and by the incentive of federal funding, to enforce the collection of child support obligations.
There must be a causal relationship, or a ______, between the parent’s conduct or lifestyle and the child’s well-being for morality and lifestyle issues to be considered in a custody determination.
A contested custody case is one in which the parents cannot ______ upon an acceptable custody arrangement and the court must decide.
Comprehensive, ______, accurate, legal, and readable are the characteristics of an effective separation agreement.
If one party violates a separation agreement, the other party can sue for ______ of contract.