Family Law- Relationship between family and the state Flashcards

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1
Q

Adoption

A

For a child to be put in adoption the parental rights of the biological parents must be terminated first,
Voluntary( bio parents consent)
Involuntary- court process

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2
Q

What are the effects of adoption?

A

Adoptive parents have all the rights and obligations
the child has all the rights of a marital child
Biological parents lose visitation rights unless agreed

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3
Q

Can adoptions be disolved?

A

No, unless there was undisclosed mental or physical illness

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4
Q

What is the Uniform Parentage Act

A

Federal Law
Adopted in nine states
* Covers assisted reproduction, surrogacy, and related “frozen embryo” issues that may arise under such circumstances

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5
Q

Domestic violence

A

Most states consider domestic violence only physical abuse. Some states include emotional abuse)
Almost every jurisdiction requires the perpetrator to be in a relationship with the victim .
Also requires a behavior patter but sometimes one incident can qualify.

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6
Q

What kind of relief can a victim of domestic violence receive?

A

Injunctive - no contact order

Process:
Ex parte order with limited injunctive relief in the form of a temporary restraining order,
Then notice to the defendant and a hearing for a permanent restraining order.
Length of PRO is typically a year to indefinitely

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7
Q

What are the effects of violating a Permanent Restraining order?

A

Imprisonment

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8
Q
A

. Limits on Parental Authority
o Parental authority is not ______________________________.
o Courts may terminate parental rights if it is in the best interest and welfare of the child.
o Grounds for termination of parental rights can include: abandonment, _________________,
failure to support, inflicting serious harm, etc.

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