7/30/2019 Family Law Mneumonics

1/3

Family Law Mneumonics

PATERNITY

P aternity must be established by mutual consent or court order before theres a CS obligation/ right to parenting time.

A doptive/biological parents not grandparents/stepparents generally have duty of child support.

T esting tissue/blood can be ordered by court to establish paternity

E stoppel defenses rarely effective

R ebuttable presumption that husband is father

N ational reciprocity for CS enforcement (full faith and credit)

I n personam jurisdiction on Dad

T ermination of parent child relationship if C&CE of voluntary abandonment/unfitness

Y ou (movant) have burden of establishing paternity

FDIC (Voidable marriages grounds must exist before marriage)

F raud

D uress or dare

I nability to consummate or incapacity

C hild (subject was underage)

COIFFED (marital agreements)

C ontract which requires consideration, capacity, conscionability (fairness)

O verreaching (none)

I n writing signed by both parties and I ndependent counsel not determinative

F ull and fair disclosure (exhibits)

F raud (none)

E nforceable not void by public policy

D uress (none)

7/30/2019 Family Law Mneumonics

2/3

MAID (grounds for dissolution)

M arital misconduct not factor unless impacts children

A dequate notice to other party

I rretrievable breakdown of marriage

D omicile required

A LIE (mandatory disclosure)

A ssets

L iabilities

I ncome

E xpenses

HEDDEC (CS/custody jurisdiction)

H ome state kid must have lived in for at least 6 months before start of proceeding

E vidence/significant connectionsif kid doesnt have home state, state with most connectionsand info about kid

D eclined jurisdiction one state can decline jurisdiction if another state is more appropriateforum

D efault no other state could take jurisdiction under other criteria

E mergency emergency jurisdiction can only be exercised on temporary basis if kid isabandoned or needs protection from abuse

C onduct unjustifiable state cant exercise jurisdiction if party engaged in unjustifiableconduct

CADS (marital property / maintenance)

C ontribution of parties (financial or homemaker or emotional)

A ge and health of parties

D uration of marriage

S pecific sources of income and S tandard of living

7/30/2019 Family Law Mneumonics

3/3

WISH (best interests of child)

W ishes of child and parents

I ntegration of child into home and community and physical proximity of parents

S haring of love and affection with other parent

H ealth, physical and mental, of the parties including credible evidence of child or spousaabuse

SAGE (child support)

S tandard of living if parties not divorced

A ge and needs of child

G ross income of both parents and child

E ach parents overnights