Family Law

This examination consists of four parts:

True-False: 8 questions at 3 points each………………………………………….24 points

Multiple Choice: 8 questions at 3 points each………………………………….24 points

Short Answer : 6 questions at 5 points each…………………………………….30 points

Essays: 2 questions at 11 points each………………………………….22 points

Total: 100 points

This is an open-book test. You may use any book you wish, All questions are based on New York law unless otherwise stated.

True-False

Please answer the following using the full word, not just “T” or “F”.

1. Parties can consent to a court’s subject matter jurisdiction. ____________

2. Knowingly solemnizing a bigamous marriage is a crime. ____________

3. In Family Court there is a right to a jury trial in a child custody case. ____________

4. Family Court is a court of civil jurisdiction. ____________

5. Courts can decide a child custody case only until the child turns 18 years old. ____________

6. Marriage between second cousins is unlawful. ____________

7. The Uniform Child Custody Jurisdiction and Enforcement Act is

an example of a statute. ____________

8. Family Court has subject matter jurisdiction to grant a divorce. ____________

Multiple Choice

9. For a divorce based on a separation agreement the parties must live apart for at least:

A. Six months

B. One year

C. Five years

D. No time limit ____________

10.The highest court in the New York State court system is the:

A. Appellate Division

B. Supreme Court

C. Court of Appeals

D. Judge Mulroy’s courtroom ____________

11. A party’s authority to make decisions regarding a child’s life is known as:

A. Parenting time

B. Standing

C. Physical custody

D. Legal custody ____________

12. For a divorce based on irretrievable breakdown, the breakdown in the relationship

must have lasted for at least:

A.One month

B.Six months

C. One year

D.Five years ____________

13. After obtaining a marriage license, before getting married the parties must wait at least:

A. 24 hours

B. 30 days

C. 60 days

D. No time limit. ____________

14. An annulment based on incurable mental illness requires a showing that the illness has lasted at least:

A. 6 months

B. One year

C. Three years

D. Five years ____________

15. A person who shows duress at the time of marriage is entitled to a:

A. Annulment

B. Dissolution

C. Divorce

D. All of the above ____________

16. The minimum age a person can get married without a court order is:

A. 21

B. 18

C. 17

D. 16 ____________

Short Answer

17. Even though New York State law does not authorize common law marriages NY courts will recognize and honor the common law marriages entered into in other states that recognize such marriages. By what constitutional principle does NY do this?

18. What is meant by the term “Standing”?

19. What is the name of the Court of Appeals case that deals with a custody base between a non-parent and a parent?

20. What is a “Lincoln” hearing in a child custody case ?

21. What are forensics in a child custody case? Give two examples.

22. What relationships are considered incestuous ?

Essays

23. Henry and Wanda lived together in New York State starting in 1998. They were never formally married but lived together during that time and held themselves out as husband and wife. In 2014 the couple travelled to Kansas where they lived for six months. Under the laws of Kansas they would qualify as common law husband and wife. They then returned to New York and lived together until Wanda died in 2019. She died in an accident at work.

Wanda’s employer provides survivor’s benefits for the spouses of employees who were killed at work. Henry applied for the benefits but was rejected because he could not show a marriage certificate. Henry brought a law suit to recover the benefits. What should be the result?

24, Alice and Bill were dating. One year Bill gave Alice a ring on her birthday. Along with it he gave her a card that read “Happy Birthday, love, Bill.” Two months later they became engaged to be married. Four months after that Alice broke off the engagement. Bill asked for the ring back and Alice refused. Bill has sued to get the ring back alleging that she broke the engagement so she should not get to keep the ring. Will he succeed ?