2003 Louisiana Family Law Grading Key

LOUISIANA FAMILY LAW

Final Examination, Spring 2003

QUESTION I

200 raw points

A. Is the Tennessee TRO entitled to FF&C in Louisiana?

The Tennessee order is not entitled to full faith and credit in Louisiana 10 points _______

Ex parte orders are not entitled to FF&C under FPKPA 10 points _______

B. Where does child custody jurisdiction lie?

Tennessee has jurisdiction to hear the custody case 10 points _______

Tennessee is the home state of the children
10 points _______

Mention of Atkins v. Atkins
10 points _______

"Home state" is where the child has lived for six months 10 points _______

prior to the date suit is filed
10 points _______

If child is less than six months old, since birth 10 points _______

Periods of temporary absence are counted 10 points _______

C. Where does jurisdiction lie to dissolve the marriage?

Both Louisiana and Tennessee have concurrent jurisdiction 10 points _______

It's a race to judgment on the divorce itself
10 points _______

Jurisdiction in divorce is based on domicile 10 points _______

Husband is domiciled in Tennessee 10 points _______

Shelby County is a county of proper venue
10 points _______

Wife is domiciled in Louisiana 10 points _______

East Baton Rouge is a parish of proper venue
10 points _______

D. Where does jurisdiction lie to determine spousal and child support?

Spousal and child support require in personam jurisdiction 10 points _______

Wife may be longarmed into Tennessee based on living there
10 points _______

Husband may be longarmed into Louisiana
10 points _______

Both states have concurrent jurisdiction as to support 10 points _______

QUESTION II

432 raw points

A. Antenuptial contracts

Of right prior to the marriage 4 points _______

Within a year of moving to Louisiana 4 points _______

Any time with judicial authorization 4 points _______

Any time to adopt the legal regime 4 points _______

By authentic act or acknowledgment 4 points _______

Before a notary and two witnesses 4 points _______

Must be recorded to bind third parties and creditors 4 points _______

May define what is community property 4 points _______

or abolish the community regime
4 points _______

or waive final periodic spousal support
4 points _______

May not waive interim spousal support 4 points _______

May not limit child support 4 points _______

May not determine child custody 4 points _______

B. Marriage ceremonies

Free consent 4 points _______

Absence of impediment 4 points _______

In a ceremony 4 points _______

Before an officiant 4 points _______

May not be by proxy or procuration 4 points _______

C. Who may officiate

Judges 4 points _______

within their parish or district

4 points _______

Ministers 4 points _______

who are registered

4 points _______

statewide

4 points _______

Any officiant reasonably believed 4 points _______

D. Impediments to marriage

Same sex 4 points _______

Prior undissolved 4 points _______

Prohibited degree 4 points _______

Adopted collaterals may petition
4 points _______

E. Absolute nullity

No need for decree 4 points _______

Impediment 4 points _______

or lack of ceremony 4 points _______

or procuration 4 points _______

Anyone at interest may attack 4 points _______

F. Relative nullity

Vice of consent 4 points _______

Ratification or confirmation 4 points _______

Civil effects flow 4 points _______

Must be judicially declared 4 points _______

Suit personal to party lacking consent 4 points _______

G. Recognition of out-of-state marriages

Valid where performed, valid everywhere 4 points _______

Unless relationship contrary to strong public policy 4 points _______

H. Grounds for divorce

102 divorce

File petition, then wait 180 days 4 points _______

from service
4 points _______

or waiver of service
4 points _______

Then file rule to show cause 4 points _______

Nullity if 180 days have not elapsed
4 points _______

Prescribes in two years

4 points _______

103 divorce

Adultery 4 points _______

Conviction of felony 4 points _______

with sentence of death
4 points _______

or imprisonment at hard labor
4 points _______

Living separate and apart 4 points _______

continuously
4 points _______

without reconciliation
4 points _______

for six months or more
4 points _______

on date petition is filed
4 points _______

I. Jurisdiction and venue for divorce

Jurisdiction based on domicile of either 4 points _______

Mention of Williams v. North Carolina 4 points _______

Venue based on parish of

Last matrimonial domicile
4 points _______

or plaintiff's domicile
4 points _______

or defendant's domicile
4 points _______

J. Interim spousal support

To maintain status quo 4 points _______

Without regard to fault 4 points _______

Based on recipient's income (needs) 4 points _______

and payor's means 4 points _______

K. Final periodic spousal support

Only to party free from fault 4 points _______

Based on needs of parties 4 points _______

and parties' income and means 4 points _______

but limited to one-third of income 4 points _______

What constitutes "fault" 4 points _______

When and how fault litigated 4 points _______

Terminates on marriage or concubinage 4 points _______

L. Child custody

Presumption of joint 4 points _______

Best interests of child 4 points _______

Each point on laundry list of factors:

Love, affection and emotional ties 4 points _______

Capacity to provide love, affection & spiritual guidance, education 4 points _______

Capacity to provide food, clothing, medical care 4 points _______

Length of time child has lived in stable environment 4 points _______

Permanence of the family unit 4 points _______

Moral fitness of each of the parties 4 points _______

Mental and physical health of each of the parties 4 points _______

Home, school and community history of the child 4 points _______

Preference of the child if of suitable age 4 points _______

Willingness to encourage relationship with other parent 4 points _______

Distance between the respective residences 4 points _______

Responsibility for rearing previously exercised by parties 4 points _______

M. Modification of custody

Change of circumstances test 4 points _______

Present environment deleterious 4 points _______

Clear and convincing evidence 4 points _______

Mention of Bergeron 4 points _______

Mention of considered decree 4 points _______

Modification of visitation on simple change of circumstances 4 points _______

N. Child support

Use the tables 4 points _______

Any other valid points 4 points _______

O. Disavowal of paternity

One year prescriptive period 4 points _______

Exceptions to the one year limitation 4 points _______

Need for blood tests 4 points _______

or other scientific evidence
4 points _______

P. Legitimation

By notarial act 4 points _______

Or subsequent marriage 4 points _______

and holding out to public
4 points _______

Adulterous child's status 4 points _______

Q. Acknowledgment and filiation

By notarial act 4 points _______

or registering birth 4 points _______

or holding out systematically 4 points _______

or filiation suit 4 points _______

prior to nineteenth birthday 4 points _______

Notarial act of one binds only that one 4 points _______

QUESTION III

26 raw points

A remedy for domestic violence from a Justice of the Peace

Peace bond 26 points _______

Return to The Castle Classroom

The Tennessee order is not entitled to full faith and credit in Louisiana	10 points _______
Ex parte orders are not entitled to FF&C under FPKPA	10 points _______

Tennessee has jurisdiction to hear the custody case	10 points _______
Tennessee is the home state of the children	10 points _______
Mention of Atkins v. Atkins	10 points _______

"Home state" is where the child has lived for six months	10 points _______
prior to the date suit is filed	10 points _______
If child is less than six months old, since birth	10 points _______
Periods of temporary absence are counted	10 points _______

Both Louisiana and Tennessee have concurrent jurisdiction	10 points _______
It's a race to judgment on the divorce itself	10 points _______
Jurisdiction in divorce is based on domicile	10 points _______

Husband is domiciled in Tennessee	10 points _______
Shelby County is a county of proper venue	10 points _______
Wife is domiciled in Louisiana	10 points _______
East Baton Rouge is a parish of proper venue	10 points _______

Spousal and child support require in personam jurisdiction	10 points _______
Wife may be longarmed into Tennessee based on living there	10 points _______
Husband may be longarmed into Louisiana	10 points _______
Both states have concurrent jurisdiction as to support	10 points _______

Of right prior to the marriage	4 points _______
Within a year of moving to Louisiana	4 points _______
Any time with judicial authorization	4 points _______
Any time to adopt the legal regime	4 points _______

By authentic act or acknowledgment	4 points _______
Before a notary and two witnesses	4 points _______
Must be recorded to bind third parties and creditors	4 points _______

May define what is community property	4 points _______
or abolish the community regime	4 points _______
or waive final periodic spousal support	4 points _______

May not waive interim spousal support	4 points _______
May not limit child support	4 points _______
May not determine child custody	4 points _______

Free consent	4 points _______
Absence of impediment	4 points _______
In a ceremony	4 points _______
Before an officiant	4 points _______
May not be by proxy or procuration	4 points _______

Judges	4 points _______
within their parish or district	4 points _______
Ministers	4 points _______
who are registered	4 points _______
statewide	4 points _______
Any officiant reasonably believed	4 points _______

Same sex	4 points _______
Prior undissolved	4 points _______
Prohibited degree	4 points _______
Adopted collaterals may petition	4 points _______

No need for decree	4 points _______
Impediment	4 points _______
or lack of ceremony	4 points _______
or procuration	4 points _______
Anyone at interest may attack	4 points _______

Vice of consent	4 points _______
Ratification or confirmation	4 points _______
Civil effects flow	4 points _______
Must be judicially declared	4 points _______
Suit personal to party lacking consent	4 points _______

Valid where performed, valid everywhere	4 points _______
Unless relationship contrary to strong public policy	4 points _______

File petition, then wait 180 days	4 points _______
from service	4 points _______
or waiver of service	4 points _______

Then file rule to show cause	4 points _______
Nullity if 180 days have not elapsed	4 points _______
Prescribes in two years	4 points _______

Conviction of felony	4 points _______
with sentence of death	4 points _______
or imprisonment at hard labor	4 points _______

Living separate and apart	4 points _______
continuously	4 points _______
without reconciliation	4 points _______
for six months or more	4 points _______
on date petition is filed	4 points _______

Jurisdiction based on domicile of either	4 points _______
Mention of Williams v. North Carolina	4 points _______
Venue based on parish of
Last matrimonial domicile	4 points _______
or plaintiff's domicile	4 points _______
or defendant's domicile	4 points _______

To maintain status quo	4 points _______
Without regard to fault	4 points _______
Based on recipient's income (needs)	4 points _______
and payor's means	4 points _______

Only to party free from fault	4 points _______
Based on needs of parties	4 points _______
and parties' income and means	4 points _______
but limited to one-third of income	4 points _______

What constitutes "fault"	4 points _______
When and how fault litigated	4 points _______
Terminates on marriage or concubinage	4 points _______

Presumption of joint	4 points _______
Best interests of child	4 points _______

Each point on laundry list of factors:
Love, affection and emotional ties	4 points _______
Capacity to provide love, affection & spiritual guidance, education	4 points _______
Capacity to provide food, clothing, medical care	4 points _______

Length of time child has lived in stable environment	4 points _______
Permanence of the family unit	4 points _______
Moral fitness of each of the parties	4 points _______

Mental and physical health of each of the parties	4 points _______
Home, school and community history of the child	4 points _______
Preference of the child if of suitable age	4 points _______

Willingness to encourage relationship with other parent	4 points _______
Distance between the respective residences	4 points _______
Responsibility for rearing previously exercised by parties	4 points _______

Change of circumstances test	4 points _______
Present environment deleterious	4 points _______
Clear and convincing evidence	4 points _______
Mention of Bergeron	4 points _______
Mention of considered decree	4 points _______
Modification of visitation on simple change of circumstances	4 points _______