Children Issues Flashcards
What is necessary to effect an adoption?
1) Any (i) single adult; (ii) married couple; OR (iii) 2 unmarried adults in a intimate rel can adopt another person (adult or child)
2) Any child or adult can be adopted
Adoptee under 18: needconsent of both biological parents & anyone else with legal custody (unless voluntary surrender or their righst have been terminated) Adoptee OVER 14:adoptee must consent
3) In NY there is a policy of religious matching where possible
4) Family ct has original jx over adoption proceedings; the Surrogate’s ct has concurrent jx
How does a ct determine child custody?
Std = “best interests of the child” (BIC)
MUST say this in an essay involving a CHILD
FACTORS TO CONSIDER 1) Look to parents health or whether there is drug abuse 2) History of domestic violence (AUTO disqualified)
3) Any other criminality 4) Quality of new relationships of parents
5) If kid is over 12, whether he’s expressed preferences 6) Preserve sibling unity or sig. family members
Joint custodyshould be awarded ONLY if parents get along
Should be geographically close
Parent v. non-parent:
Std is STILL BIC, but there is a presumption that the child is best w/ the biological parent Non-parent wins ONLY by showing that bio parent is (1) unfit; OR (2) there are extraordinary circumstances
NOTE: if parent is making good faith effort to be a good parent, ct won’t likely take away custody
Relocation:
IF custodial parent wants to move away, must go to Ct & show that the move will be in BIC by the
preponderance of the evidence
Visitation:
Is almost NEVER denied to bio parent; UNLESS parental rights have been terminated Not conditioned on paying child support
Not conditioned on incarceration
Grandparent right to visit:
Parents have due process right to raise child as see fit →GP must show “special circumstances” sufficient to est a “substantial state interest in allowing the visitation”
Which state has jx over a child custody case?
A state can enter a custody orderIF It’s CURRENTLY the home state; ORWAS SO w/in the last 6 MOS
Home state = state where kid has lived w/ parent for 6 MOS prior to commencement of proceeding
NOTE: No other state can issue a conflicting order over a state w/ valid jx
When can a ct terminate parental rights?
In Family Ct, case must be est by clear and convicing evidence
Parent who’s the ∆ (rights being terminated) is entitled to appointed counsel
5 GROUNDS FOR TERMINATION 1) Abandonment: parentfails to visit/communicate w/ child for at least 6 mos
2) Perm. Neglect: child has been removed and is in agency care; Parent has failed for at least 1 yr to plan for future of child or remain in contact w/ that child, even tho physically and financially able to do so Incarceration can be PROBATIVE of neglect (but not auto)
3) Abuse: physical/sexual
4) Disability: parent is unable to take care of kid due to mental disability
5) Parent murdered a sibling of a child
NOTE: Once rights are terminated, NO visitation rights for terminated parent
What is a non-custodial parent’s obligation to pay child support?
Both biological parents must support their children through age 21 (or through college if, financial ability by parents)
Amount of Support:there are statutory guidelines that serve as a minimum, but can be modified if more is given by parent
A ct order is ONLY addressed to a non-custodial parent (after a marital termination; non-marital child after filiation proceeding)
Modification of child support:permissible based on changed circumstances (automatic if there has been a 3 yr time since last assessment; or if income has changed by 15% up or down)
Termination: death of parent/child OR when child reaches age of 21
Enforcement: by… 1) Seize & sell property 2) Attach parent’s wages 3) Seize drivers & professional licenses 4) Hold parent in contempt of ct (jail time)
5) File with IRS to intercept refund
6) File with lottery to intercept any winnings
7) Can suspend passport
When must NY defer to the child support order of another state?
If valid, then ALWAYS!
Under the Uniform Interstate Family Support Act, every state must defer to the state that is the home state of the child that is receiving the support
Only the court which issued the original support order will have original, continuing, AND exclusive jurisdiction – this jurisdiction will continue until all parties leave the state
Makes support orders enforceable across state lines
