issues relating to children

Question 1

proving parentage of child born to married woman

Answer 1

presume that child is fathered by woman’s husband, but can be rebutted by showing things like lack of access during conception (e.g., husband is deployed). if husband consented to use of sperm donor, he is legally the father

Question 2

proving parentage of child born to unmarried woman

Answer 2

acknowledgement by father that is agreed to by mother

paternity suit - DNA testing often gives conclusive evidence

Question 3

child custody jurisdiction

Answer 3

Uniform Child Custody Jurisdiction and Enforcement Act

Proper state for jurisdiction is home state of child. Home state is state where child lives and has been living for 6 continuous months with a parent.

if no state meets test, go to the state that was the home state 6 months ago.

if no state satisfies 6 month requirement or prior home state, go to state that has greatest connection to the child

Question 4

standard for child custody

Answer 4

what is in the best interest of the child

can allow joint custody or exclusive

no presumption favoring either parent

Question 5

factors for best interest of the child

Answer 5

physical, mental, emotional condition of the child and both parents

relationship between parents and child - if one parent has better relationship with kid

willingness of each parent to allow visitation if they get full custody

expressed preferences of child (only matter if child is over 12)

new romantic partner of parent and whether they should be around child

whether placement would allow keeping all children together

whether either parent has history of domestic abuse, violence, or child abuse - typically disqualifying

Question 6

joint custody

Answer 6

consider if parents live near one another and whether parents have a cooperative relationship

Question 7

petition for custody by nonparent

Answer 7

must be in best interest of the child, presumption is that bio parent would be person with whom child’s best interest would be served. non-parent custodian must overcome presumption, basically required to show parent is unfit

Question 8

parental relocation

Answer 8

if primary custodian wants to move, must notify court 30 days in advance and court will only allow if relocating parent can show it’s best interest of child

will look at motivation - si t spite or moving to be closer to extended family, moving for better school for kid, better job for parent

court will inquire if relocation will impact visitation

court can modify terms to ensure noncustodial parent still has continuous, meaningful relationship with the child

Question 9

modification of custody

Answer 9

must show change in circumstances that affect best interest of the child. must consider stability for child

Question 10

visitation

Answer 10

if we have exclusive custody, non-custodial parent will get visitation. it is assumed to be in the best interest of the child to have relationship with both parents

if there is a concern one parent could be danger to child, then court will order supervised visitation

Question 11

visitation by nonparent

Answer 11

parents have constitutional right under due process to raise kids as they see fit, so judge cannot substitute his judgment for parent’s judgment about nonparent visitation

only by showing detriment to child do you establish state interest sufficient to overcome parent’s due process rights and grant visitation over parent’s objection

Question 12

child support

Answer 12

orders are for noncustodial parents. lasts until child is 18 - can be extended if kid is still in high school after 18 - will expire at age 19 or high school graduation, whichever comes first. but if child has disability that prevents them from working, will continue through child’s life

Question 13

child support guidelines

Answer 13

presumptive amount predicated on number of kids and combined salary of parents. court will exercise discretion to see if justification from departing from guidelines - must make findings on record for appellate review if depart from guidelines

Question 14

factors courts consider when determining whether to depart from guidelines

Answer 14

special needs of child - if disabled or talented and needs musical lessons

economic circumstances outside of income that comes in on routine basis - seasonal income, income from property, etc.

Question 15

can parents make agreement about child support?

Answer 15

yes, but it is subject to judicial review. cannot bind children to this agreement

Question 16

modification of child support

Answer 16

change in finances of noncustodial parent (losing job or getting higher paying one), increase based on inflation.
custodial parent would petition for increase, noncustodial parent for decrease

one party has remarried and has new children s not valid reason to reduce supportt.

Question 17

parental generosity rule

Answer 17

idea that if parents lived under same roof, would lavish more income on kids as income goes up.

Question 18

child support enforcement

Answer 18

can get garnishment of wages, go after assets, ask for contempt

Question 19

uniform interstate family support act

Answer 19

support orders can be directly enforced across state lines. so can mail garnishment order to ex spouse’s boss in new state

state who issued support order has continuing, exclusive jurisdiction over matter as long as any party continues to live there. so ex’s new state cannot disregard support order or modify it

Question 20

adoption

Answer 20

to adopt minor, need consent from bio parents by relinquishing parental rights.

Question 21

exceptions to parental consent for adoption

Answer 21

if non marital child and father’s identity is unknown

if father is known but we serve notice of pending adoption and he doesn’t respond in 21 days

parental rights judicially terminated

Question 22

termination of parental riights

Answer 22

when parent si engaged in behavior deleterious to the child, child is temporarily removed. initial goal is always to reunite the child with the parent, but sometimes the situation cannot be helped so courts will terminate rights of parent

must establish grounds by clear and convincing evidence, must show not likely the conditions will be corrected or eliminated, must show termination is in best interest of child

Question 23

grounds to terminate parental rights

Answer 23

neglect of child
abuse of child
abandonment of child

Question 24

adoption

Answer 24

if adoptee is over 14, adoptee must consent to adoption
if child is in legal custody of someone other than bio parent, legal custodian must consent

child is temporarily placed with adopting parents before adjudication but after background checks

hearing on finalizing adoption - pro forma, bio parent doesn’t typically show up to revoke consent

once adoption is finalized, child is part of the family