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Family Law > CHILDREN > Flashcards

CHILDREN Flashcards

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1
Q

GRISWOLD-contraception

A
  • stat. made illegal for dr. to consult married women about contraception
  • FUNDAMENTAL RT TO PRIVACY–> STRICT SCRUT.

**GOV. may intervene through REGULATION but NOT PROHIBITION

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2
Q

DANFORTH- abortion

A

required consent of the father before the woman could get an abortion
-UNCONST–> struck down

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3
Q

UPA 204(A)- PRESUMED TO BE FATHER IF:

A
  1. married and child born during
  2. married, child born within 300 DAYS after TERM. by death, annulment, decl. of validity or divorce
  3. BEFORE BORN, marries with COMPLIANCE
  4. VOLUNTARILY asserted paternity of child AFTER BIRTH, even if marriage could be INVALID
  5. for the first TWO YEARS lived in same house as child
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4
Q

PRESUMPTION OF LEGITIMACY

A

child of marriage is child of husband

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5
Q

UPA 2002-paternity evidence

A

no evidence related to paternity except genetic test

-court must pay IF child is PUB. ASSIST. RECIP.

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6
Q

WILLIAMS-RAYMOND- 3rd p. paternity suit

A

AS LONG AS PATERNITY NOT ESTAB. B4 HAND

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7
Q

ADOPTION (generally)

A

must disestablish paternity BEFORE (one mother, one father)

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8
Q

ADOPTION OF NEWBORNS

A
  • IN FLORIDA–>
    volun. relinquish. of rts, usually rts of mother
    involunt. usually rts of mother
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9
Q

ABANDONED CHILDREN

A

gov adoption through agency

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10
Q

INDEPENDENT/OPEN ADOPTIONS

A

IND–> done by selves with assist. of lawyer

OPEN–> mother retains visitation rights

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11
Q

PRIVATE ADOPTION ACT OF 1979

A

allows parent of either a natural or legitimate child to execute a voluntary surrender of custody

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12
Q

RULES OF SURRENDER

A
  1. sign FREELY and VOLUN.
  2. INFORMED and UNDERSTAND term. of rts
  3. cant sign BEFORE 5th DAY following birth
  4. ATTORNEY PRESENT at execution

*lawyer may be “named” to preserve anonymity

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13
Q

CAN A MOTHER REVOKE CONSENT?

A

YES

  • by written decl. within 30 DAYS after execution
  • SOME irrevocable unless fraud or duress
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14
Q

ARE THERE EXCEPTIONS TO REVOCATION WITHIN 30 DAYS?

A

YES

-withdrawal will not prevent adoption if found in “best interest of child”

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15
Q

BEST INTEREST OF THE CHILD

A
  • prefer PSYCHOLOGICAL over others (even natural)
    • this is from CHILDS perspective
  • HOW?
    • day-to-day interact, companion, shared exp…
  • WHO CAN FILL ROLE?
    • biological parent or any other caring adult
  • WHO CANT?
    • never absent or inactive adult
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16
Q

WRONGFUL ADOPTION

A
  • TORT

- MISREP. or WITHOLD info relating to the childs health or psychological background

17
Q

STEP PARENT ADOPTION

A
  • states have special rule governing
  • term rts of NONCUSTODIAL parent old
  • TYPICALLY consent by NON-CUST is req. BUT IN SOME STATES it may be waived ( ex. abandon or nonsupport)
18
Q

ADOPTION ANNULMENT

A

STATES THAT DONT HAVE AA MUST PROVE:

  • fraud
  • misrep
  • undue influence
19
Q

TIMING OF CONSENT

A

VARIABLE but trend toward prohibition of pre-birth consent

20
Q

LEHR RULE

A

if not married the biological father must take proactive steps to establish paternity (follow applicable statute)

21
Q

ADOPTION OF KELSEY S.

A

-if unwed father promptly comes forward and demonstrates a full commitment to his parental responsibilities his federal constitutional right to DUE PROCESS prohibits termination of his parental relationship ABSENT A SHOWING OF UNFITNESS

22
Q

UPUFA-Uniform Putative and Unknown Father Act

A
  • protect putative father

- NOTICE that mother seeks to terminate

23
Q

UAA- Uniform Adoption Act

A

PROTECTING CHILD’S INTEREST

  • not subj. to challenge begun more than 6 months after decree ordered or satisfied
  • “any ind. to adopt or be adopted by another for the purpose of creating a relat. of parent and child btwn them”
  • no denial or placement solely based on race, national origin, or ethnic background
24
Q

FSA 63.054- ACTIONS REQ. BY UNMARRIED BIO FATHER est. paternal rts

A

Florida Putative Father Registry

  • TPR, termination of parental rights
  • very similar to the UPUFA and UAA
25
Q

HAGUE CONVENTION

A

deals with child abduction involving international marriages

-ratified by US bc of ICARA (international child abduction remedies act)

26
Q

YODER CASE

A
  • amish

- fundamental right to religious beliefs- 1st amend.

27
Q

MEDICAL CARE

A
  • obligation to patient
    • definied by code of med. prof., practice, tort law, crim . stat.
  • rts of medical professionals–> to act on behalf of patient without consent (BATTERY and/or PRESERVING life and limb)
28
Q

WHAT CONSTITUTES NEGLECT?

A

-focus on child, NOT parent culpability
CAPTA, federal act about child care–> TAX AND SPENDING CLAUSE
-leads to INVOLUN. TERM. of RTs

Family Law (5 decks)

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