Instruction Manual and Test Bank for Family Law for the Paralegal Concepts and Applications 3rd Edition by Mary Wilson ISBN 0133779718 978-0133779714

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ISBN 10:   0133779718 
ISBN 13   978-0133779714
Author:   Mary Wilson

Family Law for the Paralegal: Concepts and Applications provides a thorough introduction to the basics of family law and procedure, addressing all key areas most commonly encountered in a family law practice. While the overall approach of the text is generic, each chapter provides opportunities for students to consider issues through the lens of individual jurisdictions and cases.

The Third Edition offers an up-to-date perspective on family law. It incorporates coverage of the impact of marriage equality on areas such as parenting and custody and it highlights ways in which the Internet has revolutionized adoption, discovery, and family violence. This interesting and readable text helps prepare students to enter the workforce with strong cognitive and practical skills.

 Family Law for the Paralegal Concepts and Applications 3rd Table of contents:

Chapter 1 Introduction to a Family Law Practice

Learning Objectives

Introduction

The Evolving Nature and Scope of a Family Law Practice

The Role of a Paralegal in a Family Law Practice

The Family Law Paralegal’s Role in the Client Intake Process

Fee Agreements and Billing

Fee Agreements

Billing

Legal Research in a Family Law Practice

Ethical Rules That Guide the Paralegal’s Professional Conduct

Conflicts of Interest

Confidentiality

Concept Review and Reinforcement

Key Terms

Review Questions

Developing Your Paralegal Skills

Focus on the Job

The Facts

The Assignment

Focus on Ethics

The Ethical Dilemma

Focus on Case Law

The Assignment

Focus on State Law and Procedure

The Assignment

Focus on Technology

Websites of Interest

Assignments

Portfolio Products

Chapter 2 Cohabitation and Premarital Agreements

Learning Objectives

Introduction

Cohabitation

Cohabitation Agreements

Forms of Relief Absent a Cohabitation Agreement

What Is a Premarital Agreement and What Is Its Purpose?

Premarital Agreements in Perspective

What Kinds of Individuals and Couples Might Want to Execute a Premarital Agreement?

How Are Premarital Agreements Developed?

What Are the Legal Requirements for a Valid Premarital Agreement?

The Basic Requirements Applicable to All Contracts

The Requirement of Procedural Fairness20

The Requirement of Substantive Fairness

Preparation for Drafting a Premarital Agreement

What Kinds of Provisions Does a Premarital Agreement Contain?

What Are the Trends Regarding Enforceability of Premarital Agreements?

The Uniform Premarital Agreement Act (UPAA) Approach

The Uniform Premarital and Marital Agreements Act (UPMAA) Approach

The Traditional Fairness Approach

The Contemporary Conscionability Approach

The Role of the Paralegal in Cohabitation and Premarital Agreement Cases

Concept Review and Reinforcement

Key Terms

Review Questions

Developing Your Paralegal Skills

Focus on the Job

The Facts

The Assignment

Focus on Ethics

The Assignment

Focus on Case Law

The Assignment

Focus on State Law and Procedure

Fact Pattern

Focus on Technology

Websites of Interest

Assignments

Portfolio Products

Chapter 3 Marriage

Learning Objectives

Introduction

Marriage—Definitions and Historical Perspective

Definitions

Historical Perspective

Marriage—A Fundamental Right

Marriage Requirements

Requirements Relating to Legal Capacity to Marry

Sex of the Parties

Age of the Parties

Marital Status of the Parties

Degree of Relationship Between the Parties by Blood (Consanguinity) and Marriage (Affinity)

Mental Capacity

Physical Capacity

Technical Requirements for a Ceremonial Marriage

Application for a License

Medical Certificate

License

Waiting Period

Ceremony

Recording of the License/Marriage Certificate

Requirements for a Common Law Marriage

Marriage as a Source of Rights, Benefits, and Obligations

Expansion of the Relationship Menu

Adult Adoption

Functional Family Status

Domestic Partnerships

Civil Unions

The Road to Marriage Equality

The Challenge

History of the Movement to Extend the Right to Marry to Same-Sex Couples—A Timeline

Implications for the Future

The Paralegal’s Role

Concept Review and Reinforcement

Key Terms

Review Questions

Developing Your Paralegal Skills

Focus on the Job

The Facts

The Assignment

Focus on Ethics

The Assignment

Focus on Case Law

The Assignment

Focus on State Law and Procedure

The Assignment

Focus on Technology

Websites of Interest

Assignments

Portfolio Products

Chapter 4 Annulment

Learning Objectives

Introduction

Divorce and Annulment

Procedure for Obtaining an Annulment

Burden of Proof

Standing to Petition for Annulment

Grounds for Annulment

Grounds Related to Technical Procedural Requirements for a Valid Marriage Set by State Statute/Regulation

Grounds Related to Legal Capacity to Marry Based on State Marital Restriction Laws

Nonage/Underage

Bigamy/Polygamy

Gender

Grounds Related to Consent/Intent to Marry

Fraud

Lack of Consent, Duress, and Undue Influence

Grounds Related to Physical Factors and Sexual Conduct

Disease

Impotence

Lack of consummation

Defenses to an Annulment Action

Compliance with State Statutes Governing Marriage

Ratification of the Marriage by Subsequent Conduct

Consummation of the Marriage

Laches

Equitable Estoppel

Judicial Estoppel

Unclean Hands

Consequences of an Annulment

For the Parties

For the Children

The Paralegal’s Role in an Annulment Case

Concept Review and Reinforcement

Key Terms

Review Questions

Developing Your Paralegal Skills

Focus on the Job

The Facts

The Assignment

Focus on Ethics

The Assignment

Focus on Case Law

The Assignment

Focus on State Law and Procedure

The Assignment

Focus on Technology

Websites of Interest

Assignments

Portfolio Products

Chapter 5 The Divorce Process

Learning Objectives

Introduction

Historical Perspective

Methods of Altering a Marital Relationship

Divorce

Legal Separation

Separate Maintenance

Annulment

The Divorce Process—A Skeletal Road Map

The Initial Interview in a Divorce Case

Dispute Resolution Options in Family Law Cases

Jurisdictional Issues in Divorce Actions—What Is the Proper Forum?

Does the Plaintiff Satisfy the State’s Residency Requirements?

Which Court Has Subject Matter Jurisdiction Over Divorce and Related Matters?

Does the Court Have Personal (In Personam) Jurisdiction Over the Defendant?

Does the Court Have In Rem Jurisdiction Over the Property Involved in the Action?

In Which Specific Court Should the Complaint for Divorce Be Filed?

Grounds for Divorce

No-Fault Grounds

Irreconcilable Differences (Also Called Irretrievable or Irremediable Breakdown of the Marriage or Incompatibility)

Living Separate and Apart for a Specified Period of Time

Fault Grounds

Adultery

Desertion/Abandonment

Cruelty

Habitual Drunkenness or Drug Abuse

Criminal Conviction and Incarceration

Defenses to a Divorce Action

Drafting and Filing of the Complaint

Service of the Complaint and Return of Service

Defendant’s Response to the Complaint

Motions for Temporary Orders and Other Purposes

Hearings on Motions

Discovery

Negotiation and Drafting of the Separation Agreement

Pretrial Activities

The Trial

Preparation for Trial

The Trial

The Judgment

Postdivorce Proceedings

Post-trial Motions

Appeal of a Final Judgment

Complaint for Modification

Complaint for Contempt

Follow-up Matters

The Uncontested Scenario

Concept Review and Reinforcement

Key Terms

Review Questions

Developing Your Paralegal Skills

Focus on the Job

The Facts

The Assignment

Focus on Ethics

The Assignment

Focus on Case Law

The Assignment

Focus on State Law and Procedure

The Assignment

Focus on Technology

Websites of Interest

Assignments

Portfolio Products

Chapter 6 Discovery and Financial Statements

Learning Objectives

Introduction

The Nature, Purpose, and Scope of Discovery in Family Law Cases

The Discovery Plan

The Paralegal’s Role

Informal Discovery

Formal Discovery

Interrogatories

Depositions

Requests for Admissions

Requests for Production of Documents or Things

Requests for Physical or Mental Examination

Objections to Formal Discovery Requests

Financial Statements

Hidden Assets

E-Discovery: The Discovery of Electronically Stored Information (ESI)

Discovery of Electronically Stored Information

Court Involvement in the Discovery Process

Concept Review and Reinforcement

Key Terms

Review Questions

Developing Your Paralegal Skills

Focus on the Job

The Facts

The Assignment

Focus on Ethics

The Assignment

Focus on Case Law

The Assignment

Focus on State Law and Procedure

The Assignment

Focus on Technology

Websites of Interest

Assignments

Portfolio Products

Chapter 7 Parenthood

Learning Objectives

Introduction

Who Are the Interested Parties?

The Child

The Parents

The Government

How Is Parentage Established?

Uniform Parentage Act

Presumptions

Acknowledgment of Parentage

Adjudication of Parentage

Adjudications involving adoptions

Adjudications involving parenting contracts/agreements

Adjudications based on equitable theories

Adjudications based on claims of biological parenthood, i.e., “traditional” paternity actions

How Is Paternity Disestablished?

Paternity Fraud

A Closer Look at Assisted Reproductive Technology

Surrogacy

Cryopreserved Embryos and Gametes

Disposition of Frozen Embryos Upon Divorce

Posthumous Reproduction

The Role of the Paralegal

Concept Review and Reinforcement

Key Terms

Review Questions

Developing Your Paralegal Skills

Focus on the Job

The Facts

The Assignment

Focus on Ethics

The Assignment

Focus on Case Law

The Assignment

Focus on State Law and Procedure

The Facts

Assignment

Focus on Technology

Websites of Interest

Assignments

Portfolio Products

Chapter 8 Adoption

Learning Objectives

Introduction

Types of Adoption

Types of Adoption Based on How the Adoption Is Created

Agency Adoption

Independent Adoption

International Adoption

Equitable Adoption/Adoption by Estoppel

Illegal/Black Market Adoption

Open and Closed Adoptions

Closed Adoption

Open Adoption

Types of Adoption Based Who Can Adopt

Married Couple Adoption

Single Parent Adoption

Family Member Adoption

Stepparent Adoption

Co-parent Adoption

The Adoption Process

The Rights of Biological / Legal Parents in the Adoption Context

The Legal Mother

The Married “Father”

The Nonmarital Biological Father

The Parent Whose Identity or Whereabouts Are Unknown

State Initiatives on Behalf of Nonmarital Fathers

Putative Father Registries

Publication Notice Requirements

Permanency Planning and Termination of Parental Rights

Permanency Planning

Freeing the Child for Adoption: Voluntary and Involuntary Termination of Parental Rights

Consent

Who Must Consent?

In What Form Is the Consent Given?

When Can the Consent Be Given?

Under What Circumstances Can Consent Be Revoked?

Involuntary Termination of Parental Rights

Grounds for Termination

Identification of Potential Adoptive Parents

Who May Be Adopted?

Home Studies

Jurisdiction and Venue

Petition for Adoption

Notice, Preliminary Hearing, Interlocutory Decree, Preadoption Placement, and Final Decree

Challenges to the Adoption

The Paralegal’s Role in Adoption Cases

Concept Review and Reinforcement

Key Terms

Review Questions

Developing Your Paralegal Skills

Focus on the Job

The Facts

The Assignment

Focus on Ethics

The Assignment

Focus on Case Law

The Assignment

Focus on State Law and Procedure

The Assignment

Focus on Technology

Websites of Interest

Assignments

Portfolio Products

Chapter 9 Child Custody

Learning Objectives

Introduction

Types of Custody

Jurisdictional Issues in Child Custody Cases

UCCJA

UCCJEA

PKPA

The Hague Convention on the Civil Aspects of International Child Abduction

Evolving Legal Standards for Making Custody Decisions

Paternal Preference

Maternal Preference

Tender Years Doctrine

Best Interests of the Child

The Primary Caretaker Presumption

The American Law Institute’s Approximation Rule

A Closer Look at Some of the Factors Courts Consider When Making Decisions About Custody and Visitation

Availability

Stability

Gender

Race

Religion

Parental Health or Disability

Sexual Conduct

Parental Lifestyle

History of Abuse

Child Preference

The “Friendly Parent” and Parental Alienation Syndrome

Parenting Postdivorce

Parenting Schedules

Visitation

Defined Versus Flexible Visitation Schedules

Supervised and Unsupervised Visitation

Virtual Visitation

Parent Education Programs

Modification of Custody Orders

Relocations

Enforcement of Custody and Visitation Orders

Third Parties in the Custody Context

Stepparents

Grandparents

De Facto Parents

Co-parents

Who Speaks for the Child in Custody Matters?

The Guardian Ad Litem

Additional Resources

What Is the Paralegal’s Role in a Custody Case?

Concept Review and Reinforcement

Key Terms

Review Questions

Developing Your Paralegal Skills

Focus on the Job

The Facts

The Assignment

Focus on Ethics

The Assignment

Focus on Case Law

The Assignment

Focus on State Law and Procedure

The Assignment

Focus on Technology

Websites of Interest

Assignments

Portfolio Products

Chapter 10 Child Support

Learning Objectives

Introduction

Initiatives the Federal Government Has Undertaken in the Area of Child Support

The Major Jurisdictional Issues in Child Support Cases

Subject Matter Jurisdiction

Obtaining Personal Jurisdiction Over a Resident Defendant

Obtaining Personal Jurisdiction Over a Nonresident Defendant in the Petitioner’s Own State

Obtaining Personal Jurisdiction Over a Nonresident Defendant in His or Her State

Continuing Exclusive Jurisdiction Under Uifsa

Child Support Guidelines: What Are They and How Are They Applied?

The Origin and Purpose of the Guidelines

The Nature of State Guidelines

Definition and Proof of Income

Imputed Income

Deviations From the Guidelines

Extraordinary Expenses

Multiple Families

Educational Needs of the Children

Custodial and Visitation Arrangements

Cost of Living in a Geographical Area

Standard of Living

When and How Can a Child Support Award Be Modified?

Modification by Agreement

Modification Based on Proof of a Substantial Change in Circumstances

Modification Based on a Periodic Review and Adjustment of Orders by the State’s IV-D Agency

How and by Whom Are Child Support Orders Enforced?

The Basic Title IV-D Process

Whereabouts of the Noncustodial Parent

Enforcement of an Order Against a Nonresident Defendant

Enforcement Methods

Criminal Prosecution

Contempt Action

Income Withholding

Seizure of Assets

Tax Refund Intercepts

Unemployment Compensation Intercepts

License Denials or Revocations

Passport Denial

Credit Reporting

Other Measures

Tax Implications of Child Support

Tax Treatment of Child Support Payments

The Dependency Exemption

The Child Tax Credit

The Role of the Paralegal in Child Support Cases

General Responsibilities

Specific Tasks Pertaining to Separation Agreements

Concept Review and Reinforcement

Key Terms

Review Questions

Developing Your Paralegal Skills

Focus on the Job

The Facts

The Assignment

Focus on Ethics

The Assignment

Focus on Case Law

The Assignment

Focus on State Law and Procedure

The Assignment

Focus on Technology

Websites of Interest

Assignments

Portfolio Products

Chapter 11 Spousal Support

Learning Objectives

Introduction

What Is Spousal Support?

How Has Spousal Support Evolved?

An Historical Perspective

A Contemporary Perspective

What Are the Differences Between Alimony and Property Division?

How Does a Party Obtain an Alimony Award?

Procedure

Initial Steps Toward an Alimony Award

What Is the governing law in the jurisdiction with respect to alimony awards?

Have the parties executed a premarital agreement and, if so, what does it provide with regard to alimony?

Does one party have a need for alimony that the other party has the ability to pay?

What factors will the court consider when making the alimony decision?

Is one or both of the parties likely to file for bankruptcy at some point in the future?

What Are the Various Types of Alimony?

Temporary Alimony/Alimony Pendente Lite

Permanent Alimony

Term Alimony

Lump-Sum Alimony/Alimony in Gross

Transitional Alimony

Rehabilitative Alimony

Restitution Alimony

What Factors will a Court Consider When Making an Alimony Determination?

When and How Can Alimony Awards Be Modified or Terminated?

Modification

Termination

Termination Upon Remarriage

Termination Upon Death

Termination Upon Cohabitation

How Are Alimony Awards Enforced?

What Are the Tax and Bankruptcy Implications of Alimony?

Tax Implications

Bankruptcy

Trends

The Role of the Paralegal in a Spousal Support Case

Concept Review and Reinforcement

Key Terms

Review Questions

Developing Your Paralegal Skills

Focus on the Job

The Facts

The Assignment

Focus on Ethics

The Assignment

Focus on Case Law

The Assignment

Focus on State Law and Procedure

The Assignment

Focus on Technology

Websites of Interest

Assignments

Portfolio Products

Chapter 12 Property Division

Learning Objectives

Introduction

The Five Phases of the Property Division Process

Definition of Property

Classification of Property as Separate or Marital

Can Property Change From Separate to Marital or Marital to Separate?

Identification of the Property Subject to Division

Valuation of Property

Which Property of the Parties Should Be Valued?

What Is the Appropriate Date of Valuation?

Who Will Conduct the Valuation and How?

Division of Property

The Equitable Distribution Approach

The Community Property Approach

The Role of Conduct in the Context of Property Division

Division of Major Assets

The Marital Residence

Pensions, Retirement Benefits, and Qualified Domestic Relations Orders (QDROs)

Division of Liabilities

Tax Consequences of Property Division

A Property Division Illustration

The Paralegal’s Role in a Property Division Case

Concept Review and Reinforcement

Key Terms

Review Questions

Developing Your Paralegal Skills

Focus on the Job

The Facts

The Assignment

Focus on Ethics

The Assignment

Focus on Case Law

The Assignment

Focus on State Law and Procedure

The Assignment

Focus on Technology

Websites of Interest

Assignments

Portfolio Products

Chapter 13 Separation Agreements

Learning Objectives

Introduction

What Is a Separation Agreement?

What Are the Characteristics of an Effective Separation Agreement?

How Is a Separation Agreement Developed?

The Form of the Separation Agreement

The Paralegal’s Role in Drafting the Separation Agreement

Sample Separation Agreement

The Court’s Role

Review of the Agreement at the Time of Trial or Final Hearing

Modification of the Agreement

Enforcement of the Agreement

Action to Vacate the Agreement

Concept Review and Reinforcement

Key Terms

Review Questions

Developing Your Paralegal Skills

Focus on the Job

The Facts

The Assignment

Focus on Ethics

The Assignment

Focus on Case Law

The Assignment

Focus on State Law and Procedure

The Assignment

Focus on Technology

Websites of Interest

Assignments

Portfolio Products

Chapter 14 Family Violence

Learning Objectives

Introduction

Defining Family Violence

Family Violence Against Adult Victims

The Scope of the Problem

Federal Recognition of the Problem: The Violence Against Women Act

Remedies Available to Adult Victims

Criminal Prosecution

Stalking

Civil Actions

Protective Orders

Standing

Qualifying Conduct

Procedure for Obtaining a Protective Order

Types of Relief Available in Protective Orders

Guardianship

Recognizing and Responding When Intimate Partner Violence Is an Issue in a Case

When the Client Is a Victim

When the Client Is a Perpetrator

Child Victims of Family Violence

The Scope of the Problem

Federal Recognition of the Problem

Types of Child Abuse

Neglect

Physical Abuse

Child Abuse or Discipline?

Emotional Abuse

Sexual Abuse

Substance Abuse

Reporting of Child Abuse

Abuse and Custody Disputes

Criminal Actions Against Abusive Parents

Tort Actions

To Know or Not to Know … to Tell or Not to Tell

Concept Review and Reinforcement

Key Terms

Review Questions

Developing Your Paralegal Skills

Focus on the Job

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