Term
| marriage license requirements |
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Definition
1. be at least 18 (w/some exceptions for teens)
2. 3 day waiting period
3. very reception & reading of FL bar handbook on marriage or take a course |
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Term
| 16 or 17 year old getting married |
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Definition
consent of parents or
1. previously married
2. both parties have a child in common
3. female is pregnant |
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Term
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Definition
| court may only approve if female is pregnant, but doesn't have tof |
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Term
| marriage license won't be issued if |
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Definition
1. one party currently married to someone else
2. too closely related (cousins allowed to marry)
3. sham marriage
4. party incapable of understanding nature of act
5. same sex (not as of Jan 2015) |
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Term
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Definition
| not recognized in FL unless it occurred prior to 1968 or from a state that allows it (full faith & credit) |
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Term
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Definition
1. prior existing marriage
2. mental incapacity |
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Term
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Definition
1. incest
2. age (by underage party)
3. impotence (unless other party knew of or ratified it at time of marriage)
4. intoxicated at time of marriage
5. fraud, misrepresentation, duress, coercion or force (at time of marriage)
6. lack of intent (unless consummated) |
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Term
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Definition
1. recrimination (both spouses committed the annulment offense)
2. condonation (one spouse forgives the other)
3. laches (took too long to seek annulment)
4. ratification (both spouses allow annulment conduct to go on through marriage) |
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Term
| grounds for divorce in FL |
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Definition
1. irretrievably broken
2. one party was mentally incompetent |
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Term
| irretrievably broken marriage elements |
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Definition
1. testimony of at least 1 spouse
2. court approves (may do so even if problem is curable) |
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Term
| defenses to "irretrievably broken" |
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Definition
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Term
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Definition
1. no minor kids
2. wife not pregnant
3. all assets amicably divided |
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Term
| irretrievably broken uncontested w/out minor children |
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Definition
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Term
| irretrievably broken contested or uncontested w/minor children |
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Definition
court may either
1. continue for 3 months to attempt reconciliation
2. order counseling
3. if kids, then best interests of child |
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Term
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Definition
1. made before marriage
2. deals w/what happens in case of divorce or death
3. relate to property, alimony & atty fees
4. be in writing (statute of frauds)
5. consideration (valid marriage)
6. not mention child support or custody |
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Term
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Definition
1. made while married
2. consideration (mutual promises)
3. may determine property distribution & alimony
4. may talk about child support & custody as long as in best interests of child
5. not subject to statute of frauds |
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Term
| all marital agreements must |
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Definition
1. be in writing
2. signed
3. be fair & reasonable (no unconscionable or fraud/duress progeny)
4. voluntary (procedural unconscionable)
5. based on full disclosure |
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Term
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Definition
| violent crimes, threats, false imprisonment, destruction of property & stalking |
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Term
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Definition
| family (who either currently or previously live together) or people who live together as family |
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Term
| required documents for equitable distribution |
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Definition
1. both parties file financial affidavits
2. past 3 years of tax returns
3. past 3 months of pay stubs
4. loan applications
5. financial statement
parties have ongoing duty to disclose |
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Term
| marital property includes |
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Definition
1. all property acquired during the marriage
2. increases in value to non-marital property as a result of spouse's efforts or marital funds
3. gifts between spouses
4. retirement/pension, insurance & other benefits that accrued during marriage |
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Term
| marital property does not include |
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Definition
1. property acquired before marriage
2. anything specifically excluded as marital property by agreement
3. gifts from other people
4. income derived from non-marital property if marital funds not co-mingled |
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Term
| factors in equitable distribution |
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Definition
1. duration of marriage
2. econ circumstances of each spouse
3. contributions of each spouse during marriage (homemaking & child-rearing count)
4. contributions to edu or career of other spouse
5. interruptions to spouses career or edu
6. interest of one spouse to retain business or practice
7. spousal contribution to production of income
8. intentional destruction (giving away) of asset
9. retaining marital residence for kids
10. anthing court deems "necessary & just" |
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Term
| personal injury claims & marital property |
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Definition
| only lost wages are distributable |
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Term
| awarding attorney's fees to spouse factors |
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Definition
1. duration of litigation
2. scope & history of litigation
3. prior litigation between parties
4. harassment (misconduct of one party) |
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Term
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Definition
1. financial resources of payee & payor
2. standard of living during marriage
3. time it takes to have payee find work or complete education
4. legnth of marriage
5. contributions to marriage (enhanced earning potential of payor)
6. age & health
7. marital misconduct (did it reduce marital assets)
8. future responsibilities to children
9. sources of income
10. taxes |
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Term
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Definition
help transition to being single
1. may not exceed 2 years
2. may not be modified |
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Term
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Definition
helps one party pay for new edu/training or employment to improve earning capacity
must be specific & defined
may be terminated or modified if substantial change in circumstances |
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Term
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Definition
provide for needs & life necessities of dependent spouse
more likely in long term marriage
modify or terminate via substantial change in circumstances |
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Term
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Definition
usually in short or moderate term marriage. No longer than the length of marriage
amount modified via substantial change in circumstances
length modified under exceptional circumstances |
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Term
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Definition
| temporary alimony to put parties on equal footing between separation & dissolution |
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Term
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Definition
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Term
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Definition
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Term
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Definition
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Term
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Definition
'alimony' between cohabitants
not recognized in FL |
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Term
| early termination of alimony |
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Definition
death (court sometimes orders life insurance) or
remarriage that isn't annuled |
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Term
| cohabitation & termination of alimony factors |
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Definition
1. legnth of cohabitation
2. hold themselves out as married
3. jointly contribute to property/real estate
4. support the other's children
5. how much they support each other |
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Term
| jurisdiction over divorce |
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Definition
| 1 spouse has 6 months of residency in FL |
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Term
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Definition
| payor deducts & payee pays taxes |
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Term
| who may file for paternity |
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Definition
1. mother
2. expectant mother
3. child
4. any believing father |
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Term
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Definition
95% paternity test
married
husband consented to in-vitro
claims to |
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Term
| statute of limits for paternity |
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Definition
| 4 years after child hits age of majority |
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Term
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Definition
if husband not father, can't deny to pay child support if
1. said he would pay
2. wife relied on that representation
3. to her economic detriment |
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Term
| disestablishment of paternity |
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Definition
1. child under 18
2. genetic testing accurate
3. mad didn't adopt child
4. child not in-vitro; and
5. mad did not stop bio father from asserting rights |
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Term
| shared parental responsibility |
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Definition
parents share decision making
preferred state unless it isn't in best interests & welfare of child |
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Term
| sole parental responsibility |
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Definition
| 1 parent unfit & unable to provide care, so 1 parent has all decision making rights |
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Term
| parallel shared responsibility |
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Definition
| parents split decisions because 1 has specialized knowledge |
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Term
| best interests & welfare of child factors |
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Definition
1. ability of parents to provide basic needs
2. health of parent
3. willingness to promote relationship w/other parent
4. continuity of care
5. primary caretaker prior to litigation
6. wishes of child (if mature)
7. geographic location of each parent & travel time
8. history of DV
9. ability to protect child from the litigation |
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Term
| personal jurisdiction over out of state parent for child support or paternity |
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Definition
1. personal service
2. consent
3. current residency w/child in state
4. past residency in state w/paying expenses & support of child
5. child resides in state at direction of D
6. parents had sex in FL around time of conception
7. D asserted parentage in putative father registry
8. other bases (long-arm, minimal contacts) |
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Term
| religion/race & best interests |
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Definition
| religion a factor, race cannot be used |
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Term
| relocation more than 50 miles away from other parent allowed when |
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Definition
1. written consent from party w/time-sharing
2. court order
3. proof of employment that far away & best interests/welfare of child |
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Term
| relocation more than 50 miles away from other parent factors |
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Definition
1. involvement of BOTH parents w/child
2. age & needs of child
3. current employment/finances of parents
4. child's preferences
5. mover's history of promoting parenting time
6. enhancing effect on child's life
7. motives of parents
8. child support payments current
9. history of DV |
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Term
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Definition
| fit parents have special weight in raising kids & need clear & convincing evidence to overcome |
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Term
| UCCJEA (uniform child custody jurisdiction & enforcement act) |
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Definition
court has SMJ over custody when
1. child's home state for at least 6 months
2. was child's home state for past 6 months & a parent is still here |
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Term
| court imputes income when |
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Definition
| party refuses to file financial affidavit |
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Term
| child support for college? |
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Definition
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Term
| modification of child support substantial change |
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Definition
| 15% or $50 whichever is greater |
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Term
| child support modification factors |
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Definition
1. change in obligor's financial abilities
2. change in needs of party
3. needs of child
4. health insurance now available to 1 party |
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Term
| child support automatically ends when |
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Definition
1. child turns 18 (unless disabled & in HS, then is 19)
2. child marries
3. parental rights terminated
4. child dies |
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Term
| giving up child for adoption |
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Definition
1. if parent under 14 = parents/guardian must witness consent
2. if parent over 14 = can consent to adoption |
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Term
| child considered abandoned when |
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Definition
1. parent makes no provision for child support & fails to estabilsh relationship w/child
2. incarcerated for violent crime
3. incarcerated for majority of child's minor life
4. court determines relationship is detrimental to child |
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Term
| child consent to adoption? |
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Definition
| required if child older than 12 |
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Term
| involuntary termination of parental rights grounds |
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Definition
1. abandonment
2. threat to child
3. sexual abuse
4. lengthy incarceration
5. in utero drug/alcohol exposure
6. rights to child's siblings terminated
counsel must be provided |
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Term
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Definition
| DCF removes kids from parents b/c probable cause of abuse, abandonment or neglect |
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Term
| child adjudicated dependent std of proof |
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Definition
| preponderance of evidence |
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Term
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Definition
| parents have 6 months to shape up so they can get kid back |
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Term
| duty to report abuse, abandonment or neglect |
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Definition
| anyone w/reasonable cause to suspect |
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Term
| investigaton of abuse, abandonment or neglect must start within |
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Definition
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Term
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Definition
occurs after removal & probable cause within 24 hours of removal
if no probable cause, return kid to parents |
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Term
| who must get notice in dependency proceeding |
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Definition
DCF
parents/guardian
petitioner
child
guardian ad litem |
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Term
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Definition
| hearing must be held within 28 days of shelter hearing or 7 days after dependency petition filed |
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Term
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Definition
| held within 30 days after arraignment |
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Term
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Definition
can't pay natural parent except for
1. pregnancy costs
2. living expenses for 6 weeks after birth
3. legal fees
none can exceed $5K |
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Term
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Definition
1. unmarried adult
2. married couples adopting jointly
3. step-parent (if spouse is bio parent & approves)
4. disabled adult if capable of care |
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Term
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Definition
| allowed if adult adoptee consents & (if any) spouse consents |
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Term
| when can file for adoption |
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Definition
at least 60 days after termination of parental rights
relatives have no time limit |
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Term
| where to file for adoption |
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Definition
county where
1. child resides
2. petitioner resides
3. agency housing child located
4. same court that terminated parental rights |
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Term
| standard of proof for determining guardianship is necessary |
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Definition
| clear & convincing evidence |
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