Child Support/Custody Flashcards
Parents Obligations
parents have equal responsibility under the circumstances
- obligations are paid on the child support needs not parents ability to pay
Duration of Child Support
Until 18 (age of majority)
- may also be extended through college or if they have a disability
Non-marital Children
Historically, they were entitled to child support
Currently, cant be denied benefits based on marital status (establish paternity before dad dies)
When non marital kids become marital
if the parents marry after the birth of non marital child, father consents to name of birth certificate, father holds himself out to be father, judicial decree
Obligation to Pay child support end?
until reaches the age of majority, or emanciapted.
- can continue through college or indefinitely if the child has some disaility
When can husband pay child support for wife’s child even if he is not biological father?
- There is representation by the husband that he would provide for his child
- wife relied on it
- wife suffered economic detriment as result of reliance
Evidence to determine paternity
Blood Test, Prior Statements regarding paternity, medical testimony, defendants knowledge of paternity, some state may rely on resemblance
When can court deviate from child support
circumstances warrant deviation, finding explaining the decsion, and amount that should be awarded.
Modifcation
substantial change in circumstances about the child’s needs or parents $$ situation.
- situation must be continuing rather than temporary
When may a child become emancipated
minor child is self supporting and beyond sphere for influence of parents
Who has Jurisdiction to modify child support order
state court with continuing jurisdiction
- another state may not modify rendered by a court of continuing jurisdiction unless the parties including the child no longer reside ni the state
Enforcement of child support and spousal
civil contempt, income withholding, withholding of tax refunds
Custody arrangement favored by the court?
Presumption of Child custody
- doesn’t require it but favors
Weight given to parents decision regarding their children
fit parent has the controlling authority and must give weight if they dont want the non parent to visit
when may a father be prevented from objecting to adoption
if the father does not demonstrate commitment to responsibilities of parenthood
Purpose of adoption registries
determine the identity and location of putative father and give notice
retroactive child support modification
occur while cause of action is pending
- States can’t retroactive modify child support before the date of service of process
Prospective modificatioin
what is child custody?
custody of child, determined by the court, that consist of legal an/or physical custody
What are the types of custody
legal custody allows you to make decision for the child
physical custody is the right of the child to reside with the parents
joint custody (favored) shared legal and or physical custody
What is the standard to determine child custody
The best interest and welfare of the child.
There is a presumption that the natural parent is in the best interest of the child unless deemed unfit
What are the factors to determine best interest of the child?
wishes of the child, which parents acts as primary caretaker, any domestic violence, opinion of guardian ad item
cant consider race or religion or in most state sexual conduct of parents
What is de facto parent?
A parent that the child has lived with for several years, can be used to rebut presumption that natural parent is fit if the natural parent has little or no contact with cild or is unfit
Modification for Child Custody
substantial and unforeseen circumstances
failure to pay child support is not basis to modify
Time limit on modification
some court require a waiting period before modification can be considered
What is presumption for vistation?
rebuttable presumption that noncustodial parent should be granted reasonable vistation with child
denial only allowed if eddanger child mental, physical or emotional health
How to modify vistation?
substantial and unforeseen change in circumstances
Can fit parent deny right to fit parent?
yes
What are unwed biological fathers rights?
due process right to have contact with his child if he demonstrates commitment to responsibilities
