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LEGAL TERMS

FAMILY COURT

A separate court, or more likely a separate division of the regular state trial court, that considers only cases involving divorce (dissolution of marriage), ch... (more...)
A separate court, or more likely a separate division of the regular state trial court, that considers only cases involving divorce (dissolution of marriage), child custody and support, guardianship, adoption, and other cases having to do with family-related issues, including the issuance of restraining orders in domestic violence cases.

MISREPRESENTATION

A lie by one spouse before marriage that provides grounds for an annulment. For example, if a spouse failed to mention that he was still married or was incapabl... (more...)
A lie by one spouse before marriage that provides grounds for an annulment. For example, if a spouse failed to mention that he was still married or was incapable of having children, he has misrepresented himself.

MARRIAGE CERTIFICATE

A document that provides proof of a marriage, typically issued to the newlyweds a few weeks after they file for the certificate in a county office. Most states ... (more...)
A document that provides proof of a marriage, typically issued to the newlyweds a few weeks after they file for the certificate in a county office. Most states require both spouses, the person who officiated the marriage and one or two witnesses to sign the marriage certificate; often this is done just after the ceremony.

ADOPTED CHILD

Any person, whether an adult or a minor, who is legally adopted as the child of another in a court proceeding. See adoption.

FAMILY AND MEDICAL LEAVE ACT (FMLA)

A federal law that requires employers to provide an employee with 12 weeks of unpaid leave during a year's time for the birth or adoption of a child, family hea... (more...)
A federal law that requires employers to provide an employee with 12 weeks of unpaid leave during a year's time for the birth or adoption of a child, family health needs or personal illness. The employer must allow the employee to return to the same position or a position similar to that held before taking the leave. There are exceptions to the FMLA: the most notable is that only employers with 50 or more employees are covered--about half the workforce.

CUSTODY (OF A CHILD)

The legal authority to make decisions affecting a child's interests (legal custody) and the responsibility of taking care of the child (physical custody). When ... (more...)
The legal authority to make decisions affecting a child's interests (legal custody) and the responsibility of taking care of the child (physical custody). When parents separate or divorce, one of the hardest decisions they have to make is which parent will have custody. The most common arrangement is for one parent to have custody (both physical and legal) while the other parent has a right of visitation. But it is not uncommon for the parents to share legal custody, even though one parent has physical custody. The most uncommon arrangement is for the parents to share both legal and physical custody.

DEFAULT DIVORCE

See uncontested divorce.

MARITAL SETTLEMENT AGREEMENT

See divorce agreement.

CUSTODIAN

A term used by the Uniform Transfers to Minors Act for the person named to manage property left to a child under the terms of that Act. The custodian will manag... (more...)
A term used by the Uniform Transfers to Minors Act for the person named to manage property left to a child under the terms of that Act. The custodian will manage the property if the gift giver dies before the child has reached the age specified by state law -- usually 21. When the child reaches the specified age, he will receive the property and the custodian will have no further role in its management.

SAMPLE LEGAL CASES

SAN MATEO COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES v. Clark

An order setting aside or vacating a paternity judgment pursuant to Family Code [1] section 7645 et seq. must rest on proof of exclusion of biological paternity as evidenced by genetic test results. The trial court granted the motion of respondent Dennis Henry Clark II (Clark) to ...

PLUMAS COUNTY CHILD SUPPORT v. Rodriquez

The Plumas County Department of Child Support Services (county) appeals from an order dismissing its complaint against Ame R. Rodriquez, by which it sought to compel Rodriquez to pay support for her 18-year-old son Joshua who, after living with Rodriquez nearly all of his life, began ...

Adoption of Allison C.

... Specifically, stepfather and mother sought to have father's parental rights terminated under section 7822, alleging father had left Allison in mother's custody for at least four years, had "never paid or offered to pay child support since Allison's 1009 birth," and had "not had any ...