Children Issues

Question 1

What is necessary to effect an adoption?

Answer 1

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

Question 2

How does a ct determine child custody?

Answer 2

Std = “best interests of the child” (BIC) MUST say this in an essay involving a CHILD

-----------	FACTORS TO CONSIDER			Look to parents health or whether there is drug abuse

		History of domestic violence (AUTO disqualified)

		Any other criminality

		Quality of new relationships of parents

		If kid is over 12, whether he’s expressed preferences

		Preserve sibling unity or sig. family members

-----------	Joint custodyshould be awarded ONLY if parents get along			Should be geographically close

Parent v. non-parent (e.g. druggie parent and a non-parent who’s been taking care)			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 fito →GP must show “special circumstances” sufficient to est a “substantial state interest in allowing the visitation”

Question 3

Which state has jx over a child custody case?

Answer 3

A state can enter a custody orderIF It’s CURRENTLY the home state; OR Home state = state where kid has lived w/ parent for 6 MOS prior to commencement of proceeding

		WAS SO w/in the last 6 MOS

NOTE: No other state can issue a conflicting order over a state w/ valid jx

Question 4

When can a ct terminate parental rights?

Answer 4

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				Abandonment: parentfails to visit/communicate w/ child for at least 6 mos

		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)

		Abuse: physical/sexual

		Disability: parent is unable to take care of kid due to mental disability

		Parent murdered a sibling of a child

NOTE: Once rights are terminated, NO visitation rights for terminated parent

Question 5

What is a non-custodial parent’s obligation to pay child support?

Answer 5

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)

		Follow-on considerations (given continuing obligation)									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...															Seize & sell property
										Attach parent's wages
										Seize drivers & professional licenses
										Hold parent in contempt of ct (jail time)

Question 6

When must NY defer to the child support order of another state?

Answer 6

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