Issues Related to Children Flashcards
Termination of parental rights
- if impossible to fix after children are separated from parents
- litigated in family court
- must be established by clear and convincing evidence
- parent is entitled to appointed counsel
grounds:
(1) abandonment (failure to visit or communicate for a period of 6 months evidences an intent to abandon)
(2) permanent neglect (child has been removed and is in agency care and parent has failed for a period of 1 year to plan for the future of the child even though physically and financially capable of doing so)
(3) abuse (physical or sexual)
(4) disability of adult
(5) parent has murdered sibling of child in question
Visitation cannot be included in termination
Adoption- who can adopt?
- married couple together
- single person
- married person can adopt stepchild
- separated can adopt by self
Adoption- who can be adopted and how?
-anyone can be adopted but need necessary consents
- if minor, need consent of both biological parents unless they voluntarily surrendered child or parental rights have been terminated
- need consent of custodian
- if over 14, need consent of adoptee
- 3 month trial period first, then hearing, then finalized and decree is entered
- investigation into adopting parents
- in NY, policy of religious matching, where possible
Child support: required till what age?
both biological parents are required to support through 21 and post age 21 through college if special circumstances (parents are financially able and child is academically able)
Child support: basis
guidelines are based parental income (not mandatory, just starting point)
- parents can agree on alternative support
- if more than guidelines, courts tend to alllow
- if less, courts can overrule
court generally won’t require it for parent living with child
As a continuing obligation there are follow-up considerations:
(1) modification- change in circumstances (3 years have passed; change in either parent’s income by 15%; etc.)
(2) termination- on death of parent or child or when child reaches age of majority
(3) enforcement- same as maintenance
Child custody- jurisdiction
uniform custody law
- provides that a state may enter an intial custody order if it is the home state of the child or was within last 6 months
- home state= state where kid has lived with a parent for 6 consecutive months prior to custody proceeding
- once a state enters a custody order, no other state can enter a conflicting order so long as the parent or child lives in that state
Child custody- standard
Best interest of the child
Factors:
- health, physical and mental, of two parents
- domestic violence on part of a parent
- criminality
- new companions’ attributes
- child over 12 has expressed any preference
- would one placement allow siblings to stay together or allow them to maintain extended family relationships?
- join custody= cooperative agreement between parents (geographic proximity a factor here)
- etc
-USE FACTS!!!!
custody disputes between parents and non-parent
normal standard is BEST INTERESTS OF THE CHILD
however, presumption in favor of the biological parent
non-parent only wins by showing:
(1) parent is unfit, or
(2) there are extraordinary circumstances
will not win if rehabbing properly and showing interest in being parent
Relocation of custodial parent
BEST INTERESTS OF THE CHILD
- must get court permission to move
- BIC: ex- better paying job, closer to family, better schools, closer to hospital, etc.
- court balances impact of move on the non-custodial parent’s ability to have contact against benefits of the move
Non-custodial parent visitation rights
almost never denied
not conditioned on paying child support
not taken away if incarcerated
Issue of grandparent visitation
parents have a due process right to raise child as they see fit
THUS
grandparent must make a showing of special circumstances sufficient to establish a substantial state interest in allowing visitation
