Exam 2 Flashcards
Memorize all the fill in the blank
The presumption that a parent should be appointed or retained as managing conservator of the child is rebutted if the court finds_________.
family violence
The court can appoint an attorney to represent an indigent parent under what circumstances:
- contempt filed by governmental agency requesting jail time
- termination filed by governmental agency
A termination order cannot be attacked 6 months after it is entered. True / False
False
Three ways to determine the parentage of a child by a man is:
a. AOP
b. presumed
c. Adjudicated
After a determination of paternity, a party should furnish the judgement to: _________. This is done for the preparation of a birth certificate.
BVC ( bureau of vital satistics )
The purpose of a Gestational Agreement is:
to determine the rights of the parties
In Texas, the custodial designations are:
a. JMC
b. SMC/possesory
In Texas, there is a rebuttable presumption that one parent be appointed Sole Managing Conservatorship. True / False
False
The primary difference between the two parents when they are appointed Joint Managing Conservators is:
1 parent has the exclusive right to determine the primary residence of the child.
Limiting the primary residence of a child to a geographic restriction implies:
domicile restrictions
It is customary to define the geographic restriction in terms of the state. True / False
False
If a parent has relinquished possession of a child over_________, there is no longer a presumption that the parent be awarded _________ or _________ of the _________.
1 year
JMC
SMC
child
A non-parent will find it difficult to a win a contested custody suit against a parent unless the evidence demonstrates that a parent is not _________ or has _________ the child to another as called for in the statutes.
fit
voluntarily relinquished
A person, other than a foster parent, who has had actual care, control, and possession of the child for at least _________ ending not more than 90 days preceeding the date of the filing of the petition has standing to file a suit for custody of the child.
6 months
A motion may be filed with the court requesting that the _________ speak to the child. The law changed where a child _________ or older may not longer file with the court in writing the name of the person who is the child’s preference to have the exclusive right to designate the primary residence of the child.
judge
12 years
The IV-D agency of the state promulgates _________ each year. The purpose of the _________ is _________.
child support chart
chart
to calculate support
If one of the parties wanted the judge to speak to a child who is party to a suit the party would prepare a _________.
motion for judge to confer with the child
A man in the presumed father of a child when the _________.
child was born during the marriage
A _________ would be requested to determine the parentage of a child to a man.
paternity test
A valid unrescinded, unchallenged _________ is equivalent to a judicial determination of paternity.
AOP
For an adoption of a child to be effective, there must be a _________ of Parent/Child Relationship on file.
termination
What are the two common costs paid by the Obligor that can be deducted from the gross earnings to calculate child support?
a. insurance for the child
b. union dues
What are the three subjects concerning the children that are determined by a SAPCR suit?
a. custody
b. visitation
c. child support
Upon a finding of parentage, the court may order _________.
retroactive child support
What other costs can be assessed against a person once there is a finding of parentage of a child?
pre-natal and post-natal
A man is rebuttably identified as the father of a child if the genetic testing results disclose that the man has at least a _________% probability of paternity.
99
_________ is a prerequisite for an adoption. The identity of the father needs to be established so that he can either claim the rights and obligation of a parent to permit an adoption of the child.
Termination
A man who registers with the _________ and who may have fathered a child is given some protection against and unknown or unwanted termination or adoption suit because it requires the man to be given notice of the suit.
Paternity Registry
A court may deny a motion for an order for genetic testing if it is _________ to disprove the father-child relationship.
inequitable
In calculating child support, the percentage of an obligor’s net wages for 1 child is: _________, for 2 children;_________, for 3 children is;_________, presuming that he does not have any other children.
20%
25%
30%
As a tort claim, a breach of fiduciary duty is described as:_________ or secreting of property to the detriment of the other party.
wasting
A __________________ division of property remains the sole method to account for and divide community property in a divorce.
just and right
The court has the authority to _________ debt between spouses, BUT it does not _________ a party from a debt awarded to the other spouse.
divide
discharge
A petition in _________ filed in federal court will stop family law proceedings. An attorney can be _________ for proceeding during this time.
bankruptcy
sanctioned
A _________ permits a non-employee former spouse to receive their share of retirement benefits directly.
QDRO
A law does not requires a _________ split. TFC 7.001 provides that the property shall be divided in an _________ with regard for the rights of each party and any children of the marriage.
50/50
equitable
The court will look at the following items when determining how to divide the property: Factors in dividing property (8 including Nature and Extent of the Property)
- finding family violence
- duration of marriage
- earning capacity
- disabled child
- future needs
- education of parties
- separate property owned
The court may disregard the existence of a separate entity as being fictional. The corporation really did not exist, and is deemed to belong to the spouse. The court can divide or award assets of the corporation as if they simply belonged to the individual owning the business. This is refereed to as __________________.
piercing the corporate veil
Two of the teacher’s pet peeves in legal darfting are omitting;
a. _________ numbers on documents, and
b. _________ identifying the case and document for the court clerks and including [_________], which counts off 6 points each.
case
footer
brackets
Under Section 153.004, the court shall consider a __________________ in determining whether to deny, restrict, limit the obsession of a child by a parent who is appointed a possessory conservator.
finding of family violence
It is rebuttably presumed that, as additional child support, the obligor shall be responsible for providing _________ and __________________ for the children who are subject to the suit .
dental
health insurance
A Gestational Agreement that has not been validated by the court is enforceable as a contract between the parties. True / False
False
