Children Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What is the marital presumption?

A

Children born during marriage are presumed to be the child of both spouses

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

When does the statute of limitations run for paternity suits?

A

Once the child reaches 18. It is tolled prior to then

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the three models used to calculate child support?

A

(1) Income shares
(2) Percentage of income
(3) Melson formula

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the income shares model?

A

The child should receive the same proportion of parental income that she would receive if the parents lived together

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the percentage of income model?

A

Sets support as a percentage of the noncustodial parent’s income

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the Melson formula?

A

Similar to the income shares model, but also accounts for the minimum amount each parent must retain to meet their own basic needs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the majority approach for child support?

A

Income shares

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

How may a child support order be modified?

A

By showing a substantial change in circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the two most common changes in circumstances to modify a child support order?

A

(1) Change of income
(2) Remarriage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Can past due child support payments be modified?

A

No, but they may be forgiven

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What does the Uniform Interstate Family Support Act do?

A

Prevents parents from avoiding child support obligations by moving states

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Under the UIFSA, what is the issuing state’s relationship to a child support obligation?

A

Retains continuing and exclusive jurisdiction to modify the support order so long as:
(1) A parent or child resides in the state; or
(2) The parents consent that the state has jurisdiction to modify the order

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Under the full faith and credit clause, when must other states enforce support orders?

A

(1) Original court had proper jurisdiction
(2) Parties were given reasonable notice and an opportunity to be heard

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

If another state modifies a support order, whose law must that state follow?

A

The law of the issuing state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

How can courts obtain PJ over an out-of-state parent

A

(1) Service within the state
(2) Consent
(3) Residence in the state with child
(4) Residence in state while paying support
(5) Directed child to live in the state
(6) Conception in the state
(7) Parentage registered in the state
(8) Any other constitutional basis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

How may child support be terminated?

A

(1) Death
(2) Age of majority
(3) Emancipation

17
Q

When will a court not enforce a custody and visitation plan?

A

When it is not in the best interests of the child

18
Q

What are the factors courts rely on in determining custody?

A

(1) Primary caretaker
(2) Child’s wishes
(3) Child’s interactions and relationships
(4) Mental and physical health of all parties
(5) Child mistreatment and DV
(6) Child’s adjustment
(7) Parent’s willingness to foster child’s relationship with the other parent
(8) Parents’ wishes

19
Q

What is the difference between joint custody and visitation?

A

Under joint custody, both parents have equal rights in making parenting decisions

20
Q

When will a parent be granted visitation?

A

When they are not granted custody and visitation would not seriously endanger the child

21
Q

How can child custody be modified?

A

Substantial change in circumstances

22
Q

What are common examples of changes in circumstances for custody?

A

(1) Remarriage that adds an element of discord of violence in the home
(2) Changed wishes of the child
(3) Custodial parent’s desire to move far from the other parent

23
Q

What is the UCCJEA?

A

Uniform Child Custody Jurisdiction and Enforcement Act

24
Q

What is the purpose of the UCCJEA?

A

Provides standards for handling child custody and visitation disputes involving more than one state

25
Q

What are the four jurisdictional bases under the UCCJEA?

A

(1) Home-state
(2) Significant connection
(3) Default
(4) Temporary emergency

26
Q

What is home-state jurisdiction?

A

Either:
(1) The state where a child lived with a parent for at least six consecutive months immediately before the commencement of the proceeding
(2) A state that was the child’s home state within six months prior to the filing of the custody case, and one parent continues to live in that state

27
Q

What is significant connection jurisdiction?

A

(1) Child and parents have a significant connection with the state (more than mere presence)
(2) Substantial evidence is available in the state

28
Q

What is default jurisdiction?

A

The state in which the proceeding is filed

29
Q

Under the UCCJEA, once jurisdiction is established, for how long does that state retain jurisdiction?

A

Until either:
(1) No parties remain in that state
(2) Child no longer has a significant connection to that state

30
Q

What is the PKPA?

A

Parental Kidnapping Prevention Act

31
Q

What does the PKPA do?

A

Requires courts to give full faith and credit to child custody orders even though they are not “final”

32
Q

What scrutiny is applied to classifications based on legitimacy?

A

Intermediate scrutiny

33
Q

How may parentage be established?

A

(1) Voluntarily acknowledgement of paternity under oath or in writing
(2) Filiation of a paternity proceeding
(3) Father’s consent to being named on birth certificate
(4) Father undertaking responsibility for child care and holding the child out as his
(5) Parents’ marriage after the child’s birth

34
Q

When is an unmarried biological father entitled to the same parent-child relationship protections that mothers and married fathers enjoy?

A

When the father:
(1) Grasps an opportunity to foster a relationship with the child; and
(2) Assumes the obligations of parenthood

35
Q

What can a child NOT sue his parents for?

A

Negligent discipline, supervision, or care

36
Q

What must a court find to terminate a parent’s parental rights?

A

(1) The child is in imminent danger of serious physical or emotional harm; and
(2) There is nothing less drastic than termination