Betty and Sam married when both were 16, one month before Betty's birthday. Betty was four months pregnant with their child at the time of the marriage. Baby Joe was born five months later. After the wedding, Betty and Sam moved into an apartment in State X. At the time of the marriage, State X had a statute that read: A child reaches the age of majority at the age of 18.

Persons who have reached the age of 15 may be married, but a marriage license shall not be issued to either party without the consent of a parent or legal guardian. Neither Betty nor Sam had the requisite consent at the time of their marriage, Before their marriage, Sam told Betty that he had inherited a large sum of money and was independently wealthy. Based on this representation, Betty agreed to marry Sam. Betty subsequently purchased $10,000 worth of baby clothes and furniture for baby Joe on creht. During the celebration of baby Joe's first birthday, Sam announced that he was in fact broke, and that there was never any inheritance. Although they are still living together, Sam's lie has had a profound disturbing effect on Betty. She has come to you seeking advice on the following issues.

1. On what basis might Betty have the marriage annulled?

2. Can Betty avoid paying the credit debt?

3. Discuss custody, visitation rights, and child support issues if the marriage is amulle d.

Misrepresentation of wealth insufficient for annulment based on fraud. 1. 2. Cohabitation after knowledge of fraud is a defense to an annulment based on fraud. 2. 3. Standmg to annul based on being underage is defeated when one becomes of age. 3. 4. Betty is of age under statute, therefore she has no standing to annul. 4. I 5. Contracts may be disaffirmed prior to reaching the age of majority. 5. 6. Marriage, however, emancipates a minor. 7. In either case, Betty is obligated to pay the debt. 8. Husband of annulled marriage presumed to be father of child born of the union. 8. 9. Either or both parents owe duty to support their child. 9. 10. Both Betty and Sam could petition for child custody. 10. 10a. Essential concern is best interest of child. 10a. 11. Non-custohal parent be entitled to visitation unless child adversely affected.

Betty and Howard were married five years ago in State X. They have two children, Sam, age 4, and Sue, age 2. Betty and Howard began experiencing marital problems, and Betty subsequently moved to State Y to live with her mother. Betty and the children have been living in State Y for the past year. Howard has visited the children on several occasions in State Y, and has had the children for visitation in State X for several weeks at a time. Sam has been to State X several times for treatment of a rare eye dsorder from an eye specialist. Howard has paid child support to Betty for the children even though there is no child support order. Howard has just learned that Betty has become involved in a faith healing religious sect which does not believe in medical treatment. He is concerned that Sam may not get needed care for his eye disorder. During the past five months, however, Sam has not required medical treatment. His eye condition has stabilized and appears to be in remission. Betty has indcated that in the event that Sam's condition does reoccur, she will not seek medcal treatment for him under any circumstances.

Howard consults you in State X about filing for divorce from Betty and obtaining custody of Sam and Sue. Discuss the issues involved.

Bill and Sue were married in 1985. They had one child, Mary, who was born in 1990. During the marriage, Bill was employed as a mechanic earning $50,000 per year. Sue gave up her job as a teacher after the birth of Mary, and stayed home full-time to care for Mary and the family's home.

Bill and Sue's relationship began to deteriorate about the time Mary turned six and started first grade. Bill felt that Sue should have gone back to work at that time. Since then, on several occasions, Bill has become violent. Recently he caused Sue to break her hand and to receive ten stitches to her head. Bill was subsequently convicted of domestic violence.

Discuss each parent's rights and responsibilities concerning child support, maintenance, custody, and divorce. Also discuss what effect Bill's domestic violence charges will have, if any, on the proceedings.

Wife and Husband have been married for five years and have lived in Colorado all relevant times. They have one child, born two years ago. Recently, Wife discovered that Husband was having an affair. When she confronted him, he said that he intended to continue the affair. Wife then told Husband to leave the house, which he immediately did. Although Husband has not been violent, nor has he made any threats, Wife is concerned that if she files for divorce, Husband may come back to the house and be upset with her. She does not think he will harm her physically, but she thinks he might yell at her, insult her, or otherwise verbally harass her. Husband's family lives in Kansas, as does his mistress. Wife believes there is a good possibility that Husband will return to Kansas if they get divorced. ,

1.. What may Wife claim as grounds for divorce?

2. Does the law do nything to prevent Husband from harassing Wife pending the divorce?

3. What protections exist to keep Husband from taking the child with him if he decides to move back to Kansas after the divorce?

4. How long must Wife wait after she files for divorce before a court dissolves the marriage?

5. What do the terms "parenting time" and "parental responsibility" mean, and what is the standard the court will apply and the factors it will consider when deciding how to allocate them?

6. What effect, if any, will Husband's infidelity have upon the court's award of parenting time and parental responsibility?r