Adoption

Adoption is a two-step judicial process in conformance to state statutory provisions in which the legal obligations and rights of a child toward the biological parents are terminated and new rights and obligations are created between the child and the adoptive parents.

Adoption involves the creation of the parent-child relationship between individuals who are not naturally so related. The adopted child is given the rights, privileges, and duties of a child and heir by the adoptive family.

Since adoption was not recognized at Common Law, all adoption procedures in the United States are regulated by statute. Adoption statutes prescribe the conditions, manner, means, and consequences of adoption. In addition, they specify the rights and responsibilities of all parties involved.

 

 

Annulment

A judgment by a court that retroactively invalidates a marriage to the date of its formation.

 

 

 

 

Child custody

The care, control, and maintenance of a child, which a court may award to one of the parents following a Divorce or separation proceeding.

 

 

 

 

Civil unions

Civil unions are legal contracts between partners that are recognized by a state or government as conferring all or some of the rights conferred by marriage, but without the implicit historical and religious meaning associated with the word "marriage."

In the United States, some states have legalized civil unions as an option for same-sex couples who cannot legally marry.

Civil unions were once distinct from domestic partnerships, but the terms are now used more-or-less interchangeably.

 

Divorce

The dissolution of a marriage contracted between a man and a woman, by the judgment of a court of competent jurisdiction, or (Obs.) by an act of the legislature. It is so called from the diversity of the minds of those who are married; because such as are divorced go each a different way from the other. Until a decree of divorce be actually made, neither party can treat the other as sole, even in cases where the marriage is utterly null and void for some preexisting cause. A decree of divorce must also be made during the lifetime of both the parties. After the decease of either the marriage will be deemed as legal in all respects.

Division of property

Division of property, also known as equitable distribution, is a judicial division of property rights and obligations between spouses during divorce. It may be done by agreement, through a property settlement, or by judicial decree.

 

 

 

 

Domestic partnerships

Domestic partnerships are establishing a mechanism for the public expression, sanction and documentation of the commitment reflected by the domestic partnership, whose members cannot legally marry or choose not to marry.

 

 

 

 

Friend of the Court Matters

Literally, friend of the court. A person with strong interest in or views on the subject matter of an action, but not a party to the action, may petition the court for permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale consistent with its own views. Such amicus curiae briefs are commonly filed in appeals concerning matters of a broad public interest; e.g., civil rights cases. They may be filed by private persons or the government. In appeals to the U.S. courts of appeals, an amicus brief may be filed only if accompanied by written consent of all parties, or by leave of court granted on motion or at the request of the court, except that consent or leave shall not be required when the brief is presented by the United States or an officer or agency thereof.

 

 

Grandparents' Rights

A court may award visitation rights if the child's parents' marriage is terminated, the parents separate, or custody of the child is given to a third party other than the child's parents. Adoption cuts off the visitation rights of grandparents unless the adoption is granted to a stepparent.

 

 

Guardianships

A guardian is a person who has been appointed by a judge to take care of a minor child (called a "ward") or incompetent adult personally and/or manage that person's affairs. To become a guardian either the party intending to be the guardian or another family member, a close friend or a local official responsible for the child's welfare will petition the court to appoint the guardian. In the case of a minor, the guardianship remains under court supervision until the child reaches 18. Naming someone in a will as guardian of one's child in case of the death of the parent is merely a nomination. The judge does not have to honor that request, although he/she usually does. Sadly enough, often a parent must petition to become the guardian of his/her child's "estate" if the child inherits or receives a gift of substantial assets, including the situation in which a parent gives his/her own child an interest in real property or stocks. Therefore, that type of gift should be avoided, and a trust created instead. While the term "guardian" also may refer to someone who is appointed to care of and/or handle the affairs of a person who is incompetent or incapable of administering his/her affairs, this is more often called a "conservator" under a conservatorship.

 

 

Legal separation

A court decree recognizing that a married couple is living apart and regulating the couple's mutual rights and liabilities. Also called judicial separation.

 

 

 

 

 

Postnuptial agreements

A postnuptial agreement is a contract between spouses. It is similar to a prenuptial agreement except it is signed during marriage. A postnup is entered into in contemplation of an ongoing, viable marriage.

 

 

 

Spousal support and alimony

An allowance for support made under court order to a divorced person by the former spouse, usually the chief provider during the marriage. Alimony may also be granted without a divorce, as between legally separated persons.