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Family Law > Children > Flashcards

Children Flashcards

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1
Q

Who can file a complaint to establish parentage?

A
  1. child
  2. child’s mother
  3. putative dad
  4. TN DHS
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2
Q

When must an action for parentage be filed?

A

within 3 years of a child’s 18th birthday

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3
Q

Rebuttable presumption of fatherhood (overcome by preponderance of evidence) if:

A
  1. child is born during marriage or within 300 days of termination of marriage
  2. parties attempted to marry before birth, but it was void or voidable
  3. parties attempted to marry after birth but was void or voidable as long as man has taken some further step to assume parental responsibility
  4. child live with the man who holds the child out as his child
  5. genetic test shows 95% probability of paternity
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4
Q

Estopped to deny parentage if (2 things)

A
  1. mother married to husband and conception and a petition to establish parentage is filed within 12 months of birth of child
  2. mother and father file a sworn affidavit that husband is the father of the child
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5
Q

Who can file for termination of parental rights?

A
  1. prospective adoptive parents
  2. any licensed child placing agency having custody
  3. guardian ad litem/court-appointed special advocate
  4. DCS
  5. a parent when the other parent has been convicted of severe sexual abuse
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6
Q

What is the standard of proof in a termination of parental rights proceeding?

A

clear and convincing evidence of grounds for termination AND BIOC

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7
Q

Grounds for termination of parental rights (7 things)

A
  1. abandonment
  2. noncompliance with permanency plan
  3. removal of child from home for 6 months for abuse/neglect and conditions haven’t changed
  4. sentence to 2+ years for child abuse OR 10+years for any crime (if child is less than 8)
  5. severe child abuse against child or other child in home
  6. mental incompetence of parent resulting in inability to care for child
  7. conviction or civil liability for intentional/wrongful death of child’s other parent
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8
Q

Grounds for termination of non-parent/guardian:

A

failure to take steps consistent with responsible parenting

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9
Q

When must DCS bring termination proceedings (4 times)?

A
  1. foster care 15 of last 22 months
  2. child is abandoned and under 1 year
  3. parent guilty of felony assault on child or murder/severe abuse of other siblings
  4. severe child abuse
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10
Q

When may DCS defer bringing termination proceedings? (3 times?)

A
  1. child being cared for by relative
  2. documented/compelling reason that termination is NOT in BIOC
  3. DCS has NOT made efforts to provide reunification necessary for safe return to parent’s home
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11
Q

What is a voluntary surrender/relinquishment?

A

a termination of parent-child relationship which takes place in judge’s chamger more than 3 days after child’s birth (revocation open for 10 days)

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12
Q

Where is proper jurisdiction for an adoption proceeding?

A

Either circuit or chancery court

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13
Q

What venue is appropriate in an adoption proceeding?

A
  1. county where petitioner resides

2. where child resides or under control of child placing agency

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14
Q

Requirements on petitioner

A
  1. at least 18
  2. lived in TN for 6 consecutive months immediately proceeding the preceding
  3. spouse must join the petition (if have a spouse)
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15
Q

Steps for adoption (7 steps):

A
  1. all pending parentage actions are resolved
  2. all parties with any parental rights have notice and are joined in suit (see putative father registry)
  3. waiting period of 6 months
  4. home study
  5. petition must allege that parental rights have been surrendered or allege ground for termination
  6. decree of adoption entered (parents fit and in BIOC)
  7. adoption records must be disclosed when child reaches 21
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16
Q

What is child custody now called in TN?

A

Parenting responsibilities

17
Q

Parental Responsibilities applies in these 4 situations:

A
  1. divorce
  2. legal separation
  3. annulment
  4. separate maintenance action (where legal separation also seeks spousal support)
18
Q

Discuss the standard for court interference in parental responsibility cases.

A
  1. BIOC once divorce is filed

2. substantial degree of harm if no divorce

19
Q

A parenting plan is used when…

A

children are involved in a divorce

20
Q

Parental responsibilities outlines:

A
  1. Parental requirements (education seminar, attend alternative dispute resolution, and attempt to negotiate parenting plan)
  2. a parenting plan (either court approved or court designed)
  3. Court sole decision making authority when statutory factors arise
21
Q

What is a parent education seminar?

A

A 4 hour class meant for education (not therapy) that can only be waived for good cause

22
Q

What does a parenting plan set forth?

A
  1. delegate parenting responsibilities
  2. designates the primary residential parent
  3. designate the custodian of the child
  4. set out the residential schedule of co-parenting
  5. allocate major decision making (education, health care, extracurricular activities, and religion)
  6. set forth financial provision for children
  7. minimize child’s expose to parental conflict
  8. If parties can’t agree, a process of dispute resolution before court action
23
Q

What does a non-parent have to do to establish visitation rights?

A

denial will result in harm or substantial danger/risk to child

24
Q

What is the standing requirement for grandparent visitation?

A
  1. Parent is deceased, divorced, legally separated, never married, or missing for 6+ months OR
  2. Order from another state ordering grandparent visitation
  3. Child resided in home of grandparent for 1+year and was removed by parent
  4. child and grandparent maintained a significant existing relationship for 1+year or more, removed by parents, and severance likely to cause emotional harm
25
Q

What is the standard for determining whether grandparent visitation rights apply?

A
  1. danger of substantial harm if visitation is denied (resided or cared for by grandparent for 6 months or frequently visited by G-parent for 1 year) AND
  2. in BIOC
26
Q

What is is created when there is a material change of circumstances regarding custody?

A

A modification action

27
Q

What standard is used in a modification action?

A

BIOC

28
Q

When will a parent’s move to a new home bring up an issue of parental relocation?

A

when moves out of state or when move is more than 50 miles away from other parent

29
Q

How will a parental relocation be assessed by the courts?

A
  1. Give 60 days written notice to other parent
  2. If parents can’t agree on move, then either apply BIOC standard (if both parents have equal time with child) or if child has more time with moving parent, then that parent usually wins out unless move is vindictive/dangerous
30
Q

What statute is applied in situations of interstate custody/jurisdiction?

A

The Uniform Child Custody Jurisdiction and Enforcement Act

31
Q

When can TN make an initial award of custody in UCCJEA cases?

A
  1. If TN home state
  2. if no home state jurisdiction for TN, if the are “significant connections” with TN AND substantial evidence of child’s well-being in TN
  3. If no state has home state or significant connection status TN can exercise jurisdiction if other states decline
  4. If no state exercises jurisdiction, TN by default
32
Q

When TN modify an existing TN decree under the UCCJEA?

A

as long as there is continuing jurisdiction UNLESS court determines no significant connection exists OR no child or parent resides in TN

33
Q

When may a TN court modify another state’s decree under the UCCJEA?

A
  1. TN must have initial jurisdiction

2. other state court no longer has continuing jurisdiction

34
Q

When can a TN court exercise temporary emergency jurisdiction in UCCJEA cases?

A
  1. child is physically present AND
  2. child has been abandoned OR
  3. necessary to protect the child because child, sibling, or parent is subject to abuse

Family Law (4 decks)

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