February 23 2012

"I am convinced that teaching people the basics of our legal system will lead to more community involvement, which will in turn benefit not just the students, but their children and their entire community."

    --Amanda DuBois


   
 

Civil Survival E-Learning

Free Lesson Ideas

Your Rights in Divorce and Child Custody

  • The Divorce Process    
  • Parental Rights in Santosky v. Kramer (1982) 
  • A Father’s Right to Custody in Stanley v. Illinois (1972)
  • Child Custody Questions
  • Domestic Partnerships
  • Northwest Women’s Law Center FAQs
  • Ways to Help Kids
  • Family Support Act of 1988
  • Due Process and Child Support in Coghill v. Coghill (1992)
  • The Hague Convention and Parental Kidnapping
  • Separate or Marital Assets
  • Determining Asset Value
  • Lifetime Spousal Support
  • The Court’s Role in a Family’s Relocation Request
  • Parental Rights and Other Family Members
  • Domestic Violence: Victims and Abusers
  • Your Chance to Research the Divorce Process

 

The Divorce Process    

This first activity is a good way for you to review many different questions about a typical divorce. You can look at details from waiting periods to child custody to spousal support. It’s also a reminder that each state has laws that are a little bit different than the next state. So if you know someone who’s thinking about getting a divorce, this activity can help you help them.

 

Start here, at Divorce Source (www.divorcesource.com). It’s a commercial Web site, but remember, you don’t have to buy anything to answer the questions that follow. Review the site.

 

Did you know that if you do need papers that deal with divorce, chances are good you can get them—without paying anything—through a legal aid society where you live?

 

The questions in this activity are based on Oklahoma state law. They're  about Oklahoma, but you could choose another state and find similar information. Just remember that this information does not take the place of the information a licensed attorney can give you.

Explore

  • How long do you need to be a resident in Oklahoma before you can file for divorce
  • What are some reasons that Oklahoma accepts as grounds for divorce?
  • Is that different from where you live? How so?

Dig Deeper

  • Is there a standard rule about spousal support? How would such payments be made?
  • What happens if one party in a divorce refuses to accept the decision of an arbitrator in custody issues?
  • What are some issues the court considers in deciding how much child support each parent should contribute?


Debate

  • Do the rules about custody favor the mother or the father, or neither?   Do these rules seem to protect the children well enough?
  • Why do you think payment of child support goes through the court clerk’s office? What is the benefit of this arrangement? Can one parent pay the other one directly?

 Please Note: Civil Survival cannot take the place of a lawyer. The series does not offer specific legal advice. Rather, Civil Survival is simply an educational tool intended to teach basic, general legal principals.

 

Every real-life situation is different, and every city, county, and state has many laws that could affect your legal rights. Please do not rely on Civil Survival for real-life legal problems.

 

If you need legal advice, there are many resources available. You can contact a lawyer or a local legal clinic. There is no guarantee that the content in this E-Learning Studio is up to date or accurate enough to be relied on instead of a lawyer.

 

Please remember that the Civil Survival Series is not a substitute for the advice of a trained lawyer

 

Useful Web Sites

Alaska Supreme Court opinions, regarding Coghill v. Coghill (1992)  

Child Custody Factors

Connecticut Judicial Branch Law Libraries, “Grandparents’ Rights in Connecticut”
Cornell University Law School, Supreme Court Collection, regarding Santosky v. Kramer (1982)

Divorce Source

Divorce Source, Oklahoma divorce laws
Eastside Domestic Violence Program (EDVP), “About Domestic Violence: Treatment for Abusers”
FindLaw.com, “Child Support Guidelines”
FindLaw.com, “The New Jersey Domestic Partnership Law,” by Joanna Grossman
FindLaw.com, regarding Stanley v. Illinois (1972)
Florida Second District, District Court of Appeal, regarding Silverman v. Silverman (2006)
Foundation for Taxpayer and Consumer Rights
HelpGuide.org, “Domestic Violence and Abuse: Warning Signs and Symptoms of Abusive Relationships”

It’s Not Your Fault, NCH, “A to Z of Separation and Divorce”
KidsHealth
Kansas Bar Association, “Child Custody”

Law.com Dictionary
North Carolina Bar Association

Online Lawyer Source
Southern Poverty Law Center
Supreme Court opinions, regarding O’Brien v. O’Brien (1998)
Tennessee Bar Association
United States Court of Appeals for the Eighth Circuit Court for the District in Minnesota, regarding Silverman v. Silverman (2003)
Washington Courts, “Current Events in Washington Courts”