Children Flashcards
What are the grounds that the state can take children from their parents?
- Abandonment (requires intent to abandon)
- Permanent neglect (failure to care for the child or plan for his future for a period of one year) (NOTE: Being locked away in prison CAN COUNT!)
- Abuse (physical, emotional, etc.)
- Mental illness or other disability that makes it impossible to care for the child
- Murder of one of your children
What is teh evidentiary burden for removal of children from parental custody?
C&C
What is the ultimate goal of state’s termination of parental rights?
Adoption
(Getting the kid into a better home situation)
Who may adopt? (5 types)
- A married couple acting together;
- Two unmarried people living together and acting jointly;
- A single adult;
- A minor IF he/she is adopting her step-kids;
- A married person who is separated and living alone may adopt alone
Who may be adopted?
Anyone! Minor or adult
Who can veto an adoption?
(i.e. From whom do you need consent in order to adopt?)
Before adoption is effective, Adoptor must get consent from:
- Both biological parents IF the child is under 18, unless their parental rights have been terminated;
- Aside from the biological parents, any other person who has custody IF the child is under 18; AND
- The adoptee IF he is over age 14.
What is the three-month trial period w/r/t adoption?
After adoption is approved, there is a three-month trial period where adoptee tries out his new home and social workers go to check in periodically.
What is child support?
Parents have a DUTY to support their children financially through age 21
(See EXCEPTION)
What is the exception to the general rule that parents must only support their children through age 21?
Support duty can be extended to the completion of a bachelors degree under certain circumstances, i.e.,
- Child must have the ability to get the degree, AND
- Parents must have the ability to pay for it.
How does NY calculate child support?
Unless recited otherwise in a separate marital agreement, the state relies on a formula based on parental income
What are the three enforcement mechanisms to compel child support payments?
State may order:
- Seizure of assets (e.g., freeze on bank account or seizure and sale of assets)
- Wage reduction order (takes cash automatically from paycheck)
- Contempt of court
When is the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) relevant?
(Uncommonly)
When there is a child custody dispute and the family members have moved around such that there is a question on which jurisdiction controls
Per the UCCJEA, what is the appropriate jurisdiction?
Whatever state is now the home state of the child OR was the home state within the last six months
(Home state defined as: where the kid has lived with his parent for six months prior to the start of the case)
(Upshot: For six months after a move, the kid’s old state retains jurisdiction)
If no state meets the requirements of the “home state” under teh UCCJEA?
Fallback rule: Whatever state has the greatest connection to the child
What is the Best Interests of the Child (BIC) standard?
BIC Standard:
How the court determines which parent gets custody of kid(s) in a custody battle
