Untitled document
I. Introduction to Family Law
A. Family law practice
1. Scope
2. Adversarial versus collaborative process
B. Interest of the government
1. Constitutional issues
2. State issues
3. Domestic relations court system
C. Legal research methods in family law
1. Legal sources
a. Primary authority
b. Secondary authority
2. Non-legal sources
D. Role of paralegal in family law practice
1. Interview work
2. Investigative work
3. Pro bono work
E. Ethical considerations in family law practice
1. Unauthorized practice of law
2. Confidentiality
3. Conflict of interest
4. Attorney's fees
5. Communications with opposing side
6. Professional relationship with client
7. Paralegal's responsibility to client, court and supervising attorney
8. Features of jurisdiction's Code of Professional Responsibility
9. Grievance procedures
II. Marital Relationships
A. Marriage
1. History and definition of marriage
a. Ceremonial
b. Common law
c. Same sex unions or marriages
2. Presumptions and public policy considerations
a. Valid
b. Void
c. Voidable
3. Legal consequences of marriage
a. Breach of promise to marry
b. Mutual duty to support
B. Premarital and cohabitation agreements
1. Legality and enforceability
2. Death and divorce considerations
3. Modification
4. Types
a. Uniform Premarital Agreement Act
i. Definitions
ii. Formalities
iii. Effect of marriage
iv. Amendment or revocation
v. Enforcement
b. Marital property
i. Partition or exchange of community property
ii. Income or separate property
iii. Formalities
iv. Enforcement
c. Separate property and community property conversions
i. Formalities
ii. Management of converted property
iii. Enforcement
iv. Rights of creditors
d. Post-nuptial agreements
e. Cohabitation agreements
III. Breakdown of the Marital Relationship
A. Termination overview
1. Equity versus law
2. Issues
3. Religious considerations
B. Annulments
1. Definition
2. Purpose
3. Requirements
4. Procedure
5. Consequences
6. Other forms of relief
a. Separation
b. Alternative dispute resolution
C. Divorce
1. Definition--contested versus uncontested
2. Requirements
a. Common law grounds
b. Statutory grounds
3. Defenses to fault grounds
4. Property rights
5. Consequences
a. Personal issues
b. Financial issues
c. Tax issues
D. Trial practice and dissolution of marriage
1. Jurisdictional issues
2. Preparation of pleadings, service of process, discovery documents, temporary orders,divorce decrees, and orders
3. Preliminary hearing for interlocutory relief
4. Special relief matters, bifurcation, litigation fees and costs, collection of arrearages
5. Analysis of equitable distribution and alimony
6. Client considerations - interviewing techniques
7. Modification and appeals of divorce decrees
E. Ancillary issues such as wills, deeds, qualified domestic retainer orders, settlement agreements, and decrees
IV. Post Divorce Enforcement
A. Property issues
1. Classifications
a. Marital property
i. Community property state
ii. Non-community property state
b. Homesteads
i. Sale
ii. Conveyance
iii. Encumbrances
c. Inheritance
d. Retirement, pension, employment benefits and other plans
e. Insurance rights
2. Valuation of property
3. Division of liabilities
B. Child issues
1. Custody
a. Child's best interest
b. Types of custody
i. Parental: joint custody or sole custody
ii. Non-parental: relative custody or non-relative custody
c. Agreements
i. Uniform Child Custody Act
ii. Private agreements
d. Litigation
i. Procedure
ii. Suit Affecting the Parent-Child Relationship
iii. Court Orders
vi. Additional parties
f. Guardian ad litem
g. Attorney ad litem
h. Court-appointed special advocate
i. Volunteer advocates
2. Indian Child Welfare Act of 1978 (ICWA)
a. Statutory authority
b. Indian child's best interest and cultural consideration
c. Jurisdiction
d. Placement preferences
3. Visitation
a. Parents
b. Step-parents
c. Grandparents
4. Termination of parental rights
a. Grounds for involuntary termination
b. Procedures
c. Hearing and order
5. Adoption
a. Common law and statutory basis
i. Adoption and Safe Families Act of 1997 (ASFA)
ii. Multiethnic Placement Act (MEPA)
b. Agency versus non-agency
c. Voluntary and involuntary termination
d. Artificial reproduction issues
e. Adoption of adult
6. Paternity
a. Uniform Parentage Act
b. Temporary orders
c. Conservatorship, support and payments
d. Acknowledgment or denial
e. DNA testing
f. Presumptions and burden of proof
7. General and medical support
a. Federal guidelines
i. Uniform Interstate Family Support Act
ii. Uniform Reciprocal Enforcement of Support Act
iii. Other interstate, intrastate, and international support laws and procedures
b. State guidelines
c. Enforcement procedures
i. Liens
ii. Garnishment of wages
iii. Suspension of license
d. Modification
i. Managing conservatorship
ii. Possession or access to child
iii. Financial support
8. Child abuse
a. Child Abuse Central Registry
b. Reports of abuse or neglect
i. False reports
ii. Confidentiality
c. Abandoned children
d. Adversary hearing and notice
C. Spousal support issues
1. Alimony and equitable distribution
2. Maintenance
3. Modification
4. Appeals
V. Families in Crisis
A. Legal responses to domestic violence
1. Protective orders
2. Criminal prosecution
3. Termination of divorce and custody rights
4. Impact on children
B. Battered woman's syndrome
C. Review of placement
VI. Changing Legal Status of Children
A. Child delinquency and dependency
1. Juvenile court proceedings
2. Liability of parents for conduct of child
B. Emancipation
VII. Alternate Family Structures
A. Single parent
B. Step-families and blended families
C. Same-sex parents
D. Foster parents
VIII. Surrogacy
A. Definition
B. State laws
IX. Changing Roles of Women in Society
A. Civil Rights Act, Title VII
B. Abortion and reproductive rights
C. Equal Pay Act
D. Pregnancy Disability Act
E. Family Leave Act
F. Change of name
X. Family Relations Issues
A. Elder care and conservatorship proceedings
B. Homelessness issues
C. Offenses against the family
1. Bigamy
2. Sale or purchase of child