Family: Parent-Child Relationship

Question 1

Child support

Answer 1

natural parents are liable for support of their child under 21 (unless the child is over 18 and has become emancipated/independent)

Question 2

calculation of support

Answer 2

all income of each parent will be considered. the amount will be a percentage based upon the number of children and the yearly combined income of the parents (up to 136K - 17, 25, 29, 31, 35%)

Question 3

Custody

Answer 3

both legal and physical; natural parents have a superior right over nay other person to the custody of a child; in battle between parent and non-parent, the issue of the child’s best interests is NOT reached unless it is first established that the natural parent is unfit.

Question 4

Initial jurisdiction

Answer 4

NY has jurisdiction to issue custody order of NY is home state of the child; the child and parents have significant connection with NY; or no other court has jurisdiction.

Question 5

Custody battle between natural parents

Answer 5

neither the mother nor the father has a prima facie right to custody; Court must consider the evidence with respects to the best interests of the child. Relevant factors include:

(1) prior agreements
(2) environment and parental abilities
(3) needs of each child
(4) child’s preference (if child is mature)
(5) parents’ health
(6) each parents credibility, conduct, stability, associations
(7) totality of circumstances

Question 6

Termination of parental rights

Answer 6

where there are extraordinary circumstances, proven by clear and convincing evidence, including

(1) abandonment for 6 months
(2) neglect
(3) abuse
(4) parental mental illness

Question 7

Adoption

Answer 7

Surrogate’s and Family court have jurisdiction. IF the child is under 18, consent is required of both parents, the person or agency of custody, and the consent of the child (if over 14)