Family Law- Relationship between family and the state Flashcards
Adoption
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
What are the effects of adoption?
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
Can adoptions be disolved?
No, unless there was undisclosed mental or physical illness
What is the Uniform Parentage Act
Federal Law
Adopted in nine states
* Covers assisted reproduction, surrogacy, and related “frozen embryo” issues that may arise under such circumstances
Domestic violence
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.
What kind of relief can a victim of domestic violence receive?
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
What are the effects of violating a Permanent Restraining order?
Imprisonment
. 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.