Children

Question 1

What are the rights of nonmarital children?

Answer 1

A state statute cannot exclude nonmarital children from inheriting from their intestate father.

• a father may exclude a nonmarital child by will
• intermediate scrutiny level

Nonmarital children cannot be precluded from suing for a parent’s wrongful death** because of their **status as non-marital children

A parent’s duty to pay child support does not depend on the childs status as a non-marital child.

Question 2

What is the level of proof needed to establish paternity?

Answer 2

Clear and convincing evidence.

Once parternity is established, a father then has a duty to support to the child.

Question 3

What are the ages of disability for a child?

Answer 3

A child must be 14 or older to make a valid will

A child must be 13 or older to be liable for tortious or criminal conduct.

A child must be 18 or older to make a valid contract

• the contract is merely voidable otherwise
• contracts for necessaries are still enforceable.

Question 4

Intrafamily Tort Immunity–Parental Immunity:

Answer 4

Intentional torts:

• there is no immunity

Negligence factors for parental immunity:

• avoidance of collusion
• preservation of family harmony
• depletion of family assets
• maintenance of parental authority
• possibility of inheritance by the parents of damages suffered by the child

Question 5

What are the steps in an adoption?

Answer 5

Terminate the biological parental rights

Create the new parent relationship with the child and the adoptive parent.

Question 6

What procedural steps must take place for a valid adoption:

Answer 6

Consent of the adoptee, if 14 or older; and

Generally, the consent of the biological parent/ parents.

• If the parents are unmarried, consideration of the father’s consent depends on how actively the father was involved in the child’s life:
• whether the father lived with the child and cared for the child
• visited the child regularly if he did not live with them
• admitted paternity
• paid child support

Consent is unnecessary when a person

• cannot be located;
• has abandoned; or
• failed to support the child

Court investigation and approval

Question 7

May the adpotive parents pay the biological parents for the child?

Answer 7

No**, except for **actual and legal expenses in connection with the adoption of the child

Question 8

Weird facts about adoption in Georgia:

Answer 8

Adoptions may be arranged by public and private entities

Adult adoption is permitted