9-11: Child Support, Adoption Flashcards
The duty to support a child ceases upon:
- child reaching the age of majority
- death
- emancipation
- termination of parental rights
What is the standard applied in awarding custody and visitation?
The best interests of the child.
Factors of the best interests of the child:
- wishes of parents
- child’s preference (more weight for 12+)
- child’s relationship with parents
- child’s adjustment to home, school, and community
- parties’ mental and physical health
- primary caregiver
sole custody
can be awarded to one parent is there is strong evidence that shows its for the best interests of the child.
However, complete denial of visitation from the other is pretty hard to get
Under the Full Faith and Credit for Child Support Orders Act, full faith and credit must be given to another court’s child support order if:
the court had jurisdiction over the matter and the parties, and the parties had reasonable notice and an opportunity to be heard.
Under the federal Parental Kidnapping Prevention Act, a state may not modify a custody order if:
one of the parties continues to reside in the issuing state and, under that state’s laws, the court continues to have and does not decline jurisdiction.
Uniform Child Custody Jurisdiction and Enforcement Act (adopted in nearly every state), the court that made the initial custody determination has continuing, exclusive jurisdiction over the matter until that court determines that:
neither the child nor the parents continue to live in the state, or the child no longer has a significant connection with the state and substantial evidence relating to the child’s care, protection, training, and personal relationships is no longer available in the state.
When is child support modifiable?
Based on a substantial change of circumstances.
Can child support be modified retroactively?
No.
Generally can a child be adopted without consent from both biological parents?
No.
When is the consent of an unwed father needed for adoption?
Depends on his involvement with the child.
Is a relationship between the unwed father and child protected by due process?
If an unwed father demonstrates commitment to being a parent by participating in the child rearing his relationship with that child is protected by due process.
Factors considered with respect to father’s involvement include:
(1) whether the parents lived together
(2) whether father admitted paternity;
(3) whether father paid child support and
(4) whether father had any responsibility for supervision, education, protection, or care of child.
When does an unwed father have no right to block adoption?
If an unwed father is not actively involved with child’s life, then he has no right be involved. Or, if he is found to be an unfit parent.
